Fifth Circuit Allows Texas to Require Public Schools to Display Ten Commandments

In 2022, the U.S. Supreme Court expressly abandoned the Lemon Test, which had been used by the Court to determine whether an Establishment Clause violation of the First Amendment of the U.S. Constitution existed, and replaced it with an analysis of history and tradition to make such determinations. The Fifth Circuit Court of Appeals has now applied the history and tradition standard to a Texas law regarding the display of the Ten Commandments at school holding such display is permissible.... By: Poyner Spruill LLP