The Legal Landscape Is Shifting Again
Recent lawsuits in Texas, Louisiana, and Arkansas have thrust the age‑old Ten Commandments display dispute back into the national spotlight. While lower courts have temporarily blocked the statutes, the real battle now hinges on how the Supreme Court will apply its history‑and‑tradition test after Kennedy v. Bremerton.
Lawmakers are betting that the new standard will undo the 45‑year precedent set by Stone v. Graham (1980). If they succeed, we could see a cascade of similar bills across the country.
Why the “History and Tradition” Test Matters
The test asks judges to look at historical practices rather than the modern “Lemon” criteria. In practice, this means courts will examine whether a practice (like displaying the Commandments) has a longstanding, secular tradition in public institutions. So far, judges have found no such tradition in public schools.
Emerging Trends in State Legislation
Even as litigation drags on, new bills are being introduced in states that have never attempted a Commandments display. In 2025, Idaho’s House Judiciary Committee held a hearing on a proposal titled “Foundations of American Law,” which would require a brief citation of the Ten Commandments in civics textbooks.
Data Snapshot: Public Opinion
- 73% of Americans say public schools should remain neutral on religion (Pew Research, 2024).
- 56% of respondents in Southern states support a “historical” display of the Commandments in schools (Gallup, 2025).
- Support for the new “history‑and‑tradition” standard has risen from 31% to 42% among likely Supreme Court voters (CSUS, 2023‑2025 trend).
What Educators Can Expect Moving Forward
School districts are bracing for a wave of injunctions. Many are adopting “neutral‑policy” guidelines that remove any religious content from walls while awaiting final rulings.
Pro Tips for School Leaders
- Audit existing displays for potential constitutional concerns.
- Document the secular purpose of any historical or legal material displayed in classrooms.
- Prepare a response plan for potential litigation, including a contact list of constitutional law counsel.
Potential Future Scenarios
Legal scholars outline three plausible outcomes:
- Scenario A – Supreme Court overturns Stone: A new precedent could open the door for broader religious displays nationwide.
- Scenario B – Court reaffirms neutrality: The “history‑and‑tradition” test will be limited to longstanding monuments, keeping schools secular.
- Scenario C – Legislative compromise: States may adopt neutral “foundational documents” curricula that include the Commandments alongside other cultural texts.
FAQ
- Will the Ten Commandments be back in public school classrooms?
- It depends on the Supreme Court’s interpretation of the “history‑and‑tradition” test. Until a final ruling, most districts remain cautious.
- What is the “Lemon test”?
- A three‑part analysis from Lemon v. Kurtzman (1971) used to determine if a law violates the Establishment Clause. It has largely been abandoned by the Court.
- Can a school display the Commandments as part of a history lesson?
- Courts require a clear, secular purpose and a tradition of such displays in schools. Current rulings suggest this is unlikely to pass constitutional muster.
- How does the First Amendment protect religious freedom in schools?
- It safeguards both the free exercise of religion and the prohibition against government endorsement of a particular faith.
Take the Next Step
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