Legal Challenges to Texas’ Ten Commandments Law, SB 10

Status

On April 21, 2026, in the case of Nathan v. Alamo Heights ISD, the U.S. Court of Appeals for the Fifth Circuit upheld S.B. 10, a Texas law requiring the display of the Ten Commandments in every public-school classroom across the state. The Plaintiffs anticipate asking the Supreme Court to reverse this decision and uphold the religious-freedom rights of children and parents.

Summary

Nathan v. Alamo Heights ISD

Starting in July 2025, dozens of Texas families of different religious and nonreligious backgrounds have filed three separate lawsuits to block Senate Bill 10, a new state law requiring all public elementary and secondary schools to display a Protestant version of the Ten Commandments in every classroom. These plaintiffs are represented by the American Civil Liberties Union of Texas, the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel.

The organizations filed their first lawsuit, Rabbi Nathan v. Alamo Heights Independent School District, challenging S.B. 10 in July 2025 on behalf of 16 multifaith and nonreligious Texas families. U.S. District Judge Fred Biery issued a preliminary injunction in August preventing the 11 defendant school districts from displaying the Ten Commandments. In April 2026, the U.S. Court of Appeals for the Fifth Circuit upheld S.B. 10 and vacated the injunction in the Nathan case. Following that decision, the injunction is scheduled to be lifted on [Mandate Day].

After that decision, the plaintiffs’ legal team released the following statement:

"We are extremely disappointed in today’s decision. The Court’s ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority. 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 and uphold the religious-freedom rights of children and parents.”

Other Cases

While the Nathan case was pending before the Fifth Circuit, the organizations filed a second lawsuit, Cribbs Ringer v. Comal Independent School District, on behalf of a new group of 15 multifaith and nonreligious Texas families who attend 14 school districts. U.S. District Judge Orlando L. Garcia on Nov. 18, 2025, issued a preliminary injunction requiring those districts to remove the displays by Dec. 1, 2025, and prohibiting them from posting new displays. That injunction is on appeal at the Fifth Circuit.

Then, on Dec. 2, 2025, the organizations, on behalf of a group of 18 multifaith and nonreligious Texas families, filed a class action lawsuit — Ashby v. Schertz-Cibolo-Universal ISD— to stop all Texas public school districts that are not already involved in active litigation or subject to an injunction from displaying the Ten Commandments in every classroom. With more than 1,000 school districts in Texas, a class action lawsuit is the most effective way to protect the religious freedom of all Texas public school children and their families. No ruling has been issued in this case.