Updated April 21, 2026
A federal appeals court has upheld a Texas statute that requires public school classrooms to display the Ten Commandments, according to an opinion issued Tuesday by the U.S. Court of Appeals for the Fifth Circuit.
Background: In June 2025 the Texas Legislature passed Senate Bill 10, directing that every public elementary and secondary school classroom display a “durable poster or framed copy of the Ten Commandments.” The law prescribes a minimum size (at least 16 inches wide and 20 inches tall), an easily readable typeface and placement “in a conspicuous place.”
Challenge: In early December 2025 the American Civil Liberties Union and allied religious liberty groups sued in U.S. District Court in San Antonio on behalf of 18 families with children in public schools across Texas. Sixteen school districts were named as defendants. The plaintiffs argued the statute violates the First Amendment by effectively endorsing religion and forcing children to observe a state-mandated religious text.
Appeals court ruling: The Fifth Circuit rejected the challenge, concluding that SB 10 neither establishes nor endorses religion nor prevents individuals from practicing their faith. The court reasoned the law imposes no religious worship, instruction, mandatory recitation or civic role on religious institutions, and it assessed the display as a noncoercive exposure to religious language rather than an engine of indoctrination. The opinion emphasized that the statute does not compel teachers to proselytize, require students to adopt or recite the Commandments, or levy taxes to support clergy.
Plaintiffs’ response: The ACLU said it was “extremely disappointed” and maintained the decision conflicts with First Amendment principles and Supreme Court precedents protecting the separation of church and state and families’ rights regarding religious instruction.
Supporters’ response: Sen. Phil King, R-Weatherford, the bill’s sponsor in the Texas Senate, praised the ruling as a victory. He said the Ten Commandments have influenced Western and American legal and moral traditions and that displaying the document in classrooms provides historical context and moral clarity.
What comes next: The appeals court decision allows the classroom displays requirement to remain in place for now. The plaintiffs may seek further review, and the case could ultimately be appealed to the U.S. Supreme Court.