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5th Circuit rules Texas public schools can display Ten Commandments

The ACLU of Texas, representing the families, announced plans to seek review by the U.S. Supreme Court

A federal appeals court ruled Tuesday that Texas can require public schools to display the Ten Commandments in every classroom, reversing a lower court injunction and handing the state a significant victory in a long-running First Amendment dispute.

A federal appeals court ruled Tuesday that Texas can require public schools to display the Ten Commandments in every classroom, reversing a lower court injunction and handing the state a significant victory in a long-running First Amendment dispute.

AP News/John Bazemore


A federal appeals court ruled Tuesday that Texas can require public schools to display the Ten Commandments in every classroom, reversing a lower court injunction and handing the state a significant victory in a long-running First Amendment dispute.

The 5th U.S. Circuit Court of Appeals, sitting en banc, voted 9-8 to uphold Senate Bill 10, the 2025 law that mandates a 16-by-20-inch poster or framed copy of the Ten Commandments in every public elementary and secondary classroom across Texas. The text must be large enough to be readable by students and teachers with average vision from anywhere in the room.

The decision lifts a preliminary injunction issued last August by a federal district judge in a lawsuit filed by multifaith families against several school districts, including Plano ISD. Families from Jewish, Christian, Hindu, Unitarian Universalist and nonreligious backgrounds argued the requirement violates the First Amendment’s establishment and free-exercise clauses by interfering with their right to direct their children’s religious upbringing.

Writing for the majority, Judge Stuart Kyle Duncan stated that sincere religious disagreements with the poster’s content do not transform it into government-coerced prayer or indoctrination. The court concluded the law does not require students or teachers to adopt the religious message or engage in proselytizing.

Texas Attorney General Ken Paxton’s office defended the law on appeal. Paxton called the ruling “a major victory for Texas and our moral values,” noting the Ten Commandments’ historical role in the nation’s legal and moral heritage.

The ACLU of Texas, representing the families, announced plans to seek review by the U.S. Supreme Court, calling the decision an infringement on the separation of church and state.

The ruling aligns with the 5th Circuit’s earlier decision to allow a nearly identical Louisiana law to take effect. Two additional Texas lawsuits challenging the displays in dozens of districts remain pending.

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The ACLU of Texas, representing the families, announced plans to seek review by the U.S. Supreme Court