ACLU Fights Texas’ Ten Commandments Ruling

Empty classroom with desks, a green chalkboard, and natural light

A federal appeals court has ruled that Texas can force public schools to display the Ten Commandments in every classroom, overturning a lower court decision and reigniting fierce debates over religious freedom and government overreach in education.

Story Snapshot

  • Fifth Circuit Court of Appeals rules 9-8 to allow Texas law mandating Ten Commandments posters in all public school classrooms
  • Decision overturns August 2025 injunction that blocked the law, enabling immediate statewide enforcement across 1,200+ school districts
  • ACLU plans Supreme Court appeal, warning the ruling threatens religious freedom and coerces students in compulsory education settings
  • Ruling follows post-2022 Supreme Court shifts expanding religious expression accommodations and rejecting previous Establishment Clause standards

Court Reverses Injunction on Religious Display Law

The U.S. Court of Appeals for the Fifth Circuit vacated a preliminary injunction on January 20, 2026, clearing the path for Texas Senate Bill 10 to take effect. The law, signed by Governor Greg Abbott in June 2025, requires public schools to display donated 16×20-inch posters of the Ten Commandments in visible classroom locations. U.S. District Judge Fred Biery had blocked implementation in August 2025, ruling the mandate violated First Amendment protections against government establishment of religion. The Fifth Circuit’s 9-8 decision rejected that reasoning, declaring the law does not constitute unconstitutional religious coercion despite mandatory school attendance requirements.

Law Builds on Shifting Religious Expression Precedent

Texas SB 10 revives efforts dating to the 1980s when the Supreme Court struck down a similar Kentucky law in Stone v. Graham for lacking secular purpose. Recent Supreme Court rulings, particularly Kennedy v. Bremerton in 2022, have expanded accommodations for religious expression in public settings and invalidated earlier Establishment Clause tests. The Fifth Circuit majority distinguished Texas’s approach from the 1980 precedent, emphasizing the donated nature of posters and framing displays as historical and educational rather than devotional. Louisiana passed a similar classroom mandate in 2024, which the same appeals court upheld in February 2026, signaling a broader regional shift toward permitting religious symbols in government institutions.

Families and Civil Liberties Groups Challenge Mandate

Families represented by the ACLU of Texas filed the lawsuit Rabbi Nathan v. Alamo Heights ISD, arguing the law coerces children in compulsory education settings and undermines parental rights to direct religious upbringing. Lead plaintiffs include parents with children enrolled in Alamo Heights, Austin ISD, Lake Travis ISD, and Dripping Springs ISD. The ACLU’s Tommy Buser-Clancy warned the ruling threatens religious freedom by forcing exposure to government-endorsed religious messages. Eight dissenting Fifth Circuit judges agreed, cautioning the majority’s decision erodes protections against state imposition of belief systems. Texas Attorney General Ken Paxton defended the law vigorously, stating the Ten Commandments “have profound impact” and celebrating the court’s approval to let students “learn from them every day.”

Implications for Nationwide Education Policy

The ruling empowers other red states to pursue similar legislation, potentially fragmenting national standards on religion in public education. Experts predict rapid compliance by Texas districts, with attorney Lance Kennedy noting schools will “choose to comply” to avoid legal penalties. The decision’s long-term effects hinge on whether the Supreme Court accepts the ACLU’s planned appeal, which could either cement the Fifth Circuit’s approach or restore stricter church-state separation. For now, the ruling heightens culture-war tensions over curricula, joining ongoing battles over critical race theory and library content. Non-Christian families, comprising roughly 40 percent of Texas’s student population including Jewish, Muslim, and atheist communities, face state-mandated religious messaging in classrooms their children are legally required to attend.

This case underscores growing frustration with government institutions perceived as disconnected from both traditional principles and pluralistic values. Conservatives see the ruling as a victory for heritage and parental authority against secular overreach, while progressives view it as government imposition threatening individual liberty. Both sides share concern that unelected judges and bureaucrats are remaking foundational American freedoms without genuine accountability to citizens who feel increasingly powerless against politicized institutions prioritizing ideology over constitutional balance.

Sources:

Federal Court Temporarily Blocks Texas Law Requiring Ten Commandments in Every Public School Classroom

Federal Appeals Court Upholds Texas Classroom Ten Commandments Display Law

Texas Can Force Schools to Post Ten Commandments, Federal Appeals Court Rules