The Texas Senate has passed a bill requiring the Ten Commandments to be displayed in every classroom in the Lone Star State. It's not that surprising in the wake of the Supreme Court's blockbuster June 2022 decision Kennedy v. Bremerton, which overturned all existing jurisprudence about the separation of church and state.  Photographer: Brandon Bell/Getty Images North America Before that ruling, the Texas bill would've been an obviously unconstitutional establishment of religion, something prohibited by the First Amendment of the Constitution. Now, however, it comes under the disturbing category of "Who knows?" The Texas Senate certainly is trying to establish religion under any ordinary-language use of the term. But because the Supreme Court announced a vague new "history and tradition" test to replace the last 50 years of establishment clause law, a court could conceivably conclude that mandating the Ten Commandments is just fine — a result that would invite a raft of new religious establishment legislation across the country.
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