Ten Commandments in Tex-ass schools? Constitutional, per Fifth Circuit

In a 9-8 full court ruling, the Fifth Circuit upheld Texas law about cramming the Ten Commandments into public schools. Contra Kuff, I am actually kind of shocked. Wingnuts they may be otherwise, but the court has in the past generally been decent on First Amendment issues.

This quote:

“It does not tell churches or synagogues or mosques what to believe or how to worship or whom to employ as priests, rabbis, or imams,” according to the ruling. “It punishes no one who rejects the Ten Commandments, no matter the reason.”

Is bullshit.

First, it DOES tell children in public schools what they should believe. THAT is the definition of establishment of religion.

Slate notes in detail how it's coercive, riffing on the Supreme Court's support for parental rights in various rulings:

If it’s true that parental rights are so important, then the 5th Circuit has to be wrong in upholding the Texas Ten Commandments law. The court tried to downplay this point by saying that it is just a “poster” and therefore lacks any coercive effect. But posters exist in educational settings so that they can educate. This is not a photo of a kitten saying “Believe in yourself!” A reproduction of a major religious text is bound to have an impact on the classroom experience. What happens when the first student asks a question about that large poster on the wall? If the teacher answers in a manner that showcases approval of the Ten Commandments, won’t the student feel pressured to agree? Or what if the teacher tells the student, as the 5th Circuit suggests, to simply ignore the poster? Could the state then punish the teacher for showing “anti-Christian” bias?

It also notes how it defies Supreme Court precedent:

What’s most remarkable about the decision, though, is not its support for theocracy, but its direct defiance of the Supreme Court. In 1980, justices struck down a law virtually identical to Texas’, forbidding states from placing the Ten Commandments in public school classrooms. By flouting this precedent, the 5th Circuit effectively went rogue, daring the Supreme Court to check its brazen disobedience.

That said, that was 1980, Slate. The Roberts Court has overridden precedent left and right. Somewhat in light of that, Slate notes:

What’s most remarkable about the decision, though, is not its support for theocracy, but its direct defiance of the Supreme Court. In 1980, justices struck down a law virtually identical to Texas’, forbidding states from placing the Ten Commandments in public school classrooms. By flouting this precedent, the 5th Circuit effectively went rogue, daring the Supreme Court to check its brazen disobedience.

 You think the Blind Umpire is really that worried? The only way he and other Catholics get concerned is if the Calvinist/Baptist version, barring graven images, is the only version allowed.

Frankly, per Slate's reference to 2022's Kennedy case, the court might now be looking for a reason to explicitly junk Lemon. We shall see. 

And, even if SCOTUS overturns, the damage will have been done.