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Dozens of members of Congress urge court to allow Ten Commandments display in public schools

First Liberty Institute and Heather Gebelin Hacker of Hacker Stephens LLP have filed an amicus brief on behalf of 46 United States lawmakers urging the federal court to allow the Ten Commandments to be displayed in public schools.

U.S. Speaker of the House of Representatives Mike Johnson, R-Louisiana; Rep. Chip Roy, R-Texas; and Sens. Ted Cruz and John Cornyn, R-Texas, are among the lawmakers supporting the cause after federal judges blocked Texas and Louisiana laws requiring the display of the commandments.

“The Ten Commandments — adorned both inside and outside the U.S. Supreme Court — served as essential building blocks for Western civilization and are deeply embedded in the history of this country,” Johnson said in a Dec 4. statement.

“I am grateful to my colleagues for joining me in filing this amicus brief, and we hope the court follows well-established precedent and affirms the importance of teaching the fundamental foundations of our country,” he said.

In 2024, the state of Louisiana adopted House Bill 71, which requires schools that receive public funding to display the Ten Commandments, but a federal judge subsequently blocked the law for being “coercive” and “unconstitutional.” Then in May of this year, Texas passed Senate Bill 10 that also requires the commandments be placed in classrooms. In August, a federal judge also partially blocked that state from enforcing its law. 

The cases were consolidated and are slated to be heard this month by the full panel of judges at the U.S. Court of Appeals for the 5th Circuit.

First Liberty Institute, a legal organization dedicated to defending religious liberty in the U.S., reported that previous religious freedom cases including The American Legion v. American Humanist Association and Kennedy v. Bremerton School District “make clear that displaying the Ten Commandments in public schools is constitutional.”

“As the Supreme Court has repeatedly acknowledged, the Ten Commandments were foundational to Western legal tradition, including the common-law system that shaped American law, and this case is critical to reaffirming our commitment to the principles that have guided America since our founding,” Cruz said. “I hope the 5th Circuit Court of Appeals will uphold the ruling.”

“I’m proud to stand with Sen. Cruz in supporting Texas’ law mandating the display of the Ten Commandments in public schools across the Lone Star State,” Cornyn said. “The Ten Commandments ensure students are reminded of the Judeo-Christian values that have shaped our state and nation.”

“America was founded as a nation grounded in a distinctly Christian understanding, and the Ten Commandments are intertwined with America’s legal, moral, and historical heritage,” Roy said. Placing them “in every classroom in Texas affirms that we are a Judeo-Christian nation, upholding our historical and moral heritage and proclaiming the Ten Commandments as a guiding path for a righteous way of life.”

“Our religious heritage and the best of the nation’s history and traditions acknowledge the Ten Commandments as an important symbol of law and moral conduct with both religious and secular significance,” said Kelly Shackelford, president, CEO, and chief counsel for First Liberty. “Government hostility to religion and our religious history is not the law.”

In the brief, Hacker said: “As Justice [Neil] Gorsuch warned in American Legion, if individuals ‘could invoke the authority of a federal court to forbid what they dislike for no more reason than they dislike it … courts would start to look more like legislatures, responding to social pressures rather than remedying concrete harms, in the process supplanting the right of the people and their elected representatives to govern themselves.’”

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