exas Ten Commandments Law 2026: 5th Circuit Ruling, Legal Battle & School Requirements
Introduction: A Landmark Decision for Religious Displays in Texas
In a landmark decision on April 21, 2026, the full 5th U.S. Circuit Court of Appeals ruled that Texas can require the Ten Commandments to be displayed in public school classrooms . The 9-8 ruling reverses a lower federal court's injunction and represents a significant victory for conservatives seeking to incorporate more religion into public education .
But what does this law actually require? Does it apply to courthouses? And where does the legal battle stand now?
This comprehensive guide examines Texas Senate Bill 10 (SB 10) , the recent 5th Circuit ruling, the arguments on both sides, and the potential path to the U.S. Supreme Court.
Internal Link: Read our explainer on the Establishment Clause and religious displays
What Is the Texas Ten Commandments Law (SB 10)?
Key Provisions of Senate Bill 10
Texas Senate Bill 10, signed into law by Republican Governor Greg Abbott in June 2025, requires every public K-12 classroom in the state to display a poster or framed copy of the Ten Commandments . The law includes specific technical requirements:
RequirementSpecificationSize16 inches wide x 20 inches tallPlacement"In a conspicuous place" in each classroomVisibilityVisible from anywhere in the classroom to a person with "average vision"FundingDisplays required only if donated (though some districts have self-funded)TextBiblical code of ethics (Protestant version cited by critics)
The law passed the GOP-controlled Legislature easily. Lt. Gov. Dan Patrick has made this a priority issue, using his influential role to move the chamber to the right on religious matters .
Does This Apply to Courthouses?
Important distinction: While SB 10 specifically addresses public school classrooms, Texas has a parallel legal landscape for courthouse displays. Many Texas counties have long displayed the Ten Commandments in courthouses under different legal standards. However, the recent 5th Circuit ruling in Rabbi Nathan v. Alamo Heights Independent School District applies directly to schools, not courthouses.
Courthouse displays are governed by different precedents, including the Supreme Court's 2005 ruling in Van Orden v. Perry, which upheld a Ten Commandments monument on Texas State Capitol grounds. The legal analysis for government buildings differs from the "coercion" analysis applied to students in schools.
External Link: Read the full 5th Circuit opinion via the Free Speech Center
The 5th Circuit Ruling: A 9-8 Victory for Texas
The Majority Opinion
In a lengthy 53-page majority opinion, U.S. Circuit Judge Stuart Kyle Duncan—a Trump appointee—wrote that SB 10 violates neither the Establishment Clause nor the Free Exercise Clause of the U.S. Constitution .
Key passages from the ruling:
"No child is made to recite the Commandments, believe them, or affirm their divine origin."
"S.B. 10 looks nothing like historical religious establishment. 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. It punishes no one who rejects the Ten Commandments, no matter the reason."
The majority rejected the argument that mere exposure to religious text constitutes "coercive indoctrination," noting that the law does not require teachers to incorporate the Commandments into lessons or require students to engage with them .
The Lemon Test and the 1980 Precedent
Central to this case is the Supreme Court's 2022 decision in Kennedy v. Bremerton School District, which explicitly disavowed the Lemon test—a legal standard used for nearly 50 years to strike down laws with a religious purpose .
In 1980, in Stone v. Graham, the Supreme Court struck down a nearly identical Kentucky law requiring Ten Commandments displays in classrooms, finding it violated the Establishment Clause .
However, Judge Duncan argued that Stone is "no longer relevant" because the legal framework changed with Kennedy. Under the new standard, courts must ask whether the law resembles what the Founding Fathers considered "establishment of religion" in 1791 .
The Dissenting Opinion
Judge Stephen A. Higginson, joined by four other judges, wrote a sharp dissent:
"The framers of the Constitution intended disestablishment of religion, above all to prevent large religious sects from using political power to impose their religion on others. Yet Texas, like Louisiana, seeks to do just that, legislating that specific, politically chosen scripture be installed in every public-school classroom."
Judge Irma Carrillo Ramirez, another dissenter, argued that the court was bound by the 1980 Stone v. Graham precedent and that overturning it requires the Supreme Court's action, not the 5th Circuit's .
The Legal Challenge: Who Is Suing and Why
The Plaintiffs
Sixteen families, represented by a coalition including the:
American Civil Liberties Union (ACLU) and ACLU of Texas
Americans United for Separation of Church and State
Freedom From Religion Foundation
Simpson Thacher & Bartlett law firm
These families represent multi-faith and nonreligious backgrounds, including Christians who believe the law violates their Baptist heritage of church-state separation .
The Families' Arguments
The lawsuit makes several constitutional claims:
Establishment Clause Violation: The law improperly favors Christianity (specifically a Protestant version of the Ten Commandments) over other faiths.
Parental Rights Violation: The law interferes with parents' authority to direct their children's religious education, citing the Supreme Court's 2025 ruling in Mahmoud v. Taylor.
Coercion: Because children are legally required to attend school, they have virtually no way of avoiding exposure to the state's preferred religious text.
Alienation: Students of other faiths or no faith will feel excluded and marginalized.
Rev. Griff Martin, a Baptist pastor and plaintiff, stated:
"Posting the Ten Commandments in public schools is un-American and un-Baptist. S.B. 10 undermines the separation of church and state as a bedrock principle of my family's Baptist heritage."
The State's Defense
Texas Attorney General Ken Paxton, a Republican, defended the law vigorously:
"The Ten Commandments have had a profound impact on our nation, and it's important that students learn from them every single day."
The state argues that the displays are "passive" —students can simply ignore them. The law only requires displays if donated, and nothing in the law mandates religious instruction or prayer. Paxton has, however, sued three districts for alleged noncompliance, signaling the state intends vigorous enforcement .
The Broader National Context
Similar Laws in Other States
Texas is not alone. The 5th Circuit's ruling has implications for:
StateLaw StatusCurrent StandingLouisiana2024 law5th Circuit cleared enforcement in February 2026ArkansasPendingWatching Texas outcomeAlabamaSigned April 2026Recently signed by Gov. Kay Ivey
Louisiana Attorney General Liz Murrill said the Texas ruling "adopted our entire legal defense" for her state's law .
Other Religious Initiatives in Texas
The Ten Commandments law is one of several religious-infusion efforts in Texas:
Bible-Infused Curriculum (2024): Optional elementary school curriculum incorporating Bible stories
Bible Stories in Reading Lists (Proposed): June 2026 vote to add Bible stories to required reading
School Chaplains: Texas law allowing chaplains to serve as school counselors
"In God We Trust" Signs: Previously required in classrooms
What Happens Next? The Path to the Supreme Court
Appeal Is Certain
The ACLU and other plaintiff organizations have stated they anticipate appealing the 5th Circuit's ruling to the U.S. Supreme Court .
"The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights. We anticipate asking the Supreme Court to reverse this decision."
The Current Supreme Court Landscape
The Supreme Court currently has a 6-3 conservative majority that has been steadily removing restrictions on government support for religion . The 2022 Kennedy v. Bremerton decision, which explicitly ended the Lemon test, was authored by Justice Neil Gorsuch.
However, even conservative justices may be reluctant to explicitly overturn Stone v. Graham (1980), which struck down an identical law. The Court could potentially:
Uphold the 5th Circuit, effectively overruling Stone
Vacate and remand for a narrower ruling
Decline to hear the case, letting the 5th Circuit ruling stand but only within its jurisdiction
External Link: Follow the case at SCOTUSblog
Practical Impact on Texas Schools
Confusion and Mixed Responses
From the start, the law was met with a mix of embrace and hesitation across Texas's 5.5 million public school students . The mandate has:
Animated school board meetings across the state
Spun up guidance about what to say when students ask questions
Led to boxes of donated posters being dropped on campus doorsteps
One suburban Dallas school district spent nearly $1,800 to print roughly 5,000 posters—despite the law stating displays only need to be posted if donated .
Potential Legal Risks for Districts
The legal landscape remains unsettled. Even with the 5th Circuit ruling, the Supreme Court could still reverse. School districts face conflicting pressures:
Comply with SB 10 or risk legal action from Attorney General Paxton
Delay compliance pending Supreme Court review
Face lawsuits from families if they post displays
The Core Constitutional Question: Establishment or Acknowledgment?
The Pro-Display Argument
Supporters argue the Ten Commandments are not merely religious but historical and foundational to American law. They point to:
Depictions of Moses in the Supreme Court building
References to divine law in founding documents
The Commandments' influence on Western legal traditions
As Rep. Candy Noble argued during testimony:
"The Ten Commandments were a prominent part of American education for almost three centuries before the 1971 Supreme Court decision in Lemon v. Kurtzman that eventually led to their removal from our public school classrooms. That decision has now been overturned, and rightly so."
The Anti-Display Argument
Opponents argue that posting a specific religious text—especially a Protestant version that many faiths do not recognize—in every classroom crosses the line from acknowledgment to endorsement.
During testimony, Texas residents raised concerns that the bill:
Sends a message of exclusion to students of other faiths or no faith
Is irrelevant to classes like math and science
Could prompt questions that are not age-appropriate (e.g., what adultery means)
Conclusion
The 5th Circuit's April 2026 ruling in favor of Texas's Ten Commandments law is a watershed moment in the ongoing debate over religion in public schools. By setting aside the 1980 Stone v. Graham precedent and applying the new framework from Kennedy v. Bremerton, the court has opened the door for similar laws across the conservative 5th Circuit states of Texas, Louisiana, and Mississippi.
However, the fight is far from over. The ACLU's promised appeal means the U.S. Supreme Court will likely have the final word. Until then, Texas school districts face a period of uncertainty—torn between compliance with state law and potential constitutional challenges.
For now, Texas can require the Ten Commandments in public school classrooms. Whether that requirement will withstand Supreme Court review remains the central question of this legal drama.
Frequently Asked Questions (FAQ)
Does the Texas Ten Commandments law apply to courthouses?
No. Senate Bill 10 specifically addresses public school classrooms. Courthouse displays are governed by different legal precedents, though many Texas counties already display the Ten Commandments under Van Orden v. Perry (2005).
Can students opt out of seeing the displays?
No. The law does not provide an opt-out provision for students. The state argues that because the displays are "passive," no opt-out is necessary.
What happens if a school district refuses to comply?
Attorney General Ken Paxton has sued three districts for alleged noncompliance. While the law says displays are only required if donated, Paxton's legal advisories suggest he expects compliance regardless.
When will the Supreme Court decide?
No appeal has been filed yet, but the ACLU has stated it "anticipates" seeking Supreme Court review. A decision could take 12-18 months if the Court agrees to hear the case.
Image Alt Text
Texas Ten Commandments display law: 5th Circuit ruling graphic showing 9-8 vote split, map of Texas with school icons, text of SB 10 requirements (16x20 inches, conspicuous placement). April 2026 decision.
References
Free Speech Center, MTSU. (2026, April 21). Texas can require public schools to display Ten Commandments in classrooms, court rules
USA Today. (2026, April 21). Texas can require display of Ten Commandments in class, court rules
KRGV / Texas Tribune. (2026, April 26). A 20-hour wait to speak: A pre-dawn House panel takes up Ten Commandments bill
New York Post / Associated Press. (2026, April 22). Conservatives celebrate 'major victory' after court rules Texas can require public schools to display Ten Commandments
Courthouse News Service. (2026, April 21). Fifth Circuit clears path for Ten Commandments in Texas classrooms
ABA Journal / Washington Post. (2026, April 22). 5th Circuit allows Texas to require Ten Commandments in classrooms
ABC13 Houston / Texas Tribune. (2026, April 21). Texas can force schools to post Ten Commandments, federal appeals court rules