This week, the en banc U.S. Court of Appeals for the Fifth Circuit held that a Texas law requiring public schools to display a copy of the Ten Commandments in classrooms does not violate the First Amendment's Establishment or Free Exercise Clauses. The court explained that Stone v. Graham, which relied upon the now-defunct Lemon test to invalidate a similar Kentucky law decades ago, is no longer controlling. In the place of Lemon and its progeny, the en banc court explained, courts must ask whether a challenged law resembles a founding-era religious establishment. The court also held the challengers here failed to show the law substantially burdened their free exercise. Join us for a litigation update breaking down this ruling and what it may hold for Establishment and Free Exercise cases in the future.


Featuring:



Prof. Stephanie Barclay, Professor of Law and Faculty Director for the Georgetown Center for the Constitution, Georgetown University Law Center
Prof. Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law
(Moderator) Joe Davis, Senior Counsel, The Becket Fund for Religious Liberty