Fifth Circuit Hears Arguments in Challenges to Ten Commandments Displays in Louisiana and Texas Public School Classrooms

The ACLU and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit urging the court to affirm that religious employers such as Catholic Relief Services (CRS) are not exempt from complying with employment discrimination laws.

SAN ANTONIO, Texas — In a win for religious freedom and church-state separation, a federal judge today issued a preliminary injunction requiring certain public school districts in Texas to remove Ten Commandments displays by Dec. 1, 2025, and prohibiting them from posting new displays. The order is in response to a new lawsuit filed Sept. 22 by a group of 15 multifaith and nonreligious families with children attending schools in the districts. In his order, U.S. District Judge Orlando L. Garcia wrote that “displaying the Ten Commandments on the wall of a public-school classroom as set forth in S.B. 10 violates the Establishment Clause.” He added, “It is impractical, if not impossible, to prevent Plaintiffs from being subjected to unwelcome religious displays without enjoining Defendants from enforcing S.B. 10 across their districts." The order came in the case Cribbs Ringer v. Comal Independent School District, which was filed after the defendant school districts installed or were about to install Ten Commandments posters. The districts were proceeding with the displays despite Judge Fred Biery’s Aug. 20 order in a separate lawsuit, Rabbi Nathan v. Alamo Heights ISD, in which he called the Texas law requiring the displays “plainly unconstitutional.” After that order was issued, the organizations representing families in both lawsuits sent letters to all Texas school districts urging them not to implement the law. While today’s preliminary injunction directly applies to the defendant school districts named in the Cribbs Ringer lawsuit, the organizations behind the lawsuit are urging all Texas school districts not to implement S.B. 10. All school districts, even those that are not parties in either ongoing lawsuit, have an independent obligation to respect students’ and families’ rights under the U.S. Constitution, which supersedes state law. The plaintiffs in both cases 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. “I am relieved that as a result of today's ruling, my children, who are among a small number of Jewish children at their schools, will no longer be continually subjected to religious displays,” said plaintiff Lenee Bien-Willner (she/her). “The government has no business interfering with parental decisions about matters of faith.” “Today’s ruling is yet another affirmation of what Texans already know: The First Amendment guarantees families and faith communities – not the government – the right to instill religious beliefs in our children,” said Chloe Kempf (she/her), staff attorney for the ACLU of Texas. “Our schools are for education, not evangelization. This ruling protects thousands of Texas students from ostracization, bullying, and state-mandated religious coercion. Every school district in Texas is now on notice that implementing S.B. 10 violates their students’ constitutional rights.” “Once again, a federal court has recognized that the Constitution bars public schools from forcing religious scripture on students,” said Daniel Mach (he/him), director of the ACLU Program on Freedom of Religion and Belief. “This decision is a victory for religious liberty and a reminder that government officials shouldn’t pay favorites with faith.” “All Texas public school districts should heed the court’s clear warning: It’s plainly unconstitutional to display the Ten Commandments in classrooms,” said Rachel Laser (she/her), president and CEO of Americans United for Separation of Church and State. “Families throughout Texas and across the country get to decide how and when their children engage with religion – not politicians or public-school officials.” “We're extremely happy to have secured this victory for the plaintiff families we represent,” said Sam Grover (he/him), senior counsel, Freedom From Religion Foundation. “But Texas never should have put parents and students in this position in the first place. The law is quite clear that pushing religion on students in public school is unconstitutional.” “We are grateful to the court for its swift and decisive action,” said Jon Youngwood (he/him), global co-chair of Simpson Thacher’s Litigation Department. “This ruling reaffirms a foundational principle: families—not public schools—have the right to determine how and when their children engage with matters of faith. The Constitution protects that choice, and schools should not be impeding it.”

SAN ANTONIO, Texas — A group of 15 multi-faith and nonreligious Texas families filed a new lawsuit in federal court today to stop their public school districts from displaying the Ten Commandments in classrooms pursuant to Texas law Senate Bill 10. The new complaint comes in response to school districts that have or are about to display Ten Commandments posters, despite a federal court’s recent ruling that S.B. 10 is a clear violation of students’ and families’ religious freedom and the separation of church and state. The plaintiffs in Cribbs Ringer v. Comal Independent School District also plan to file a motion for a temporary restraining order and a preliminary injunction, asking the court to require the defendant school districts to remove any Ten Commandments displays currently posted and to refrain from hanging new displays pending the resolution of the litigation. The school districts named as defendants in today’s lawsuit include: Comal ISD, Georgetown ISD, Conroe ISD, Flour Bluff ISD, Fort Worth ISD, Arlington ISD, McKinney ISD, Frisco ISD, Northwest ISD, Azle ISD, Rockwall ISD, Lovejoy ISD, Mansfield ISD, and McAllen ISD. The complaint, filed in a San Antonio federal court, points to the court’s recent decision in Rabbi Nathan v. Alamo Heights Independent School District, which held that S.B. 10’s provisions requiring the display of a Protestant version of the Ten Commandments in every public school classroom are “plainly unconstitutional” under the First Amendment. The plaintiffs in both cases 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. “As a devout Christian and a Lutheran pastor, the spiritual formation of my children is a privilege I take more seriously than anything else in my life,” said plaintiff Rev. Kristin Klade (she/her). “The mandated Ten Commandments displays in my children's public school impede my ability to ‘train up my child in the way he should go’ (Proverbs 22:6). I address questions about God and faith with great care, and I emphatically reject the notion that the state would do this for me.” “Forcing religion, any religion, on others violates my Jewish faith,” said plaintiff Lenee Bien-Willner (she/her). “It troubles me greatly to have Christian displays imposed on my children. Not only is the text not aligned with Judaism, but the commandments should be taught in the context of a person's faith tradition. State-sponsored religion, however, does not belong in the public classroom.” “S.B. 10 is a calculated step to erode the separation of church and state and the right for my family to exercise our nonreligious beliefs,” said plaintiff Nichole Manning (she/her). “I am compelled to advocate for my children, for these basic freedoms upon which this country was founded.” Following the Nathan ruling, counsel in the case sent a letter to all Texas school districts warning them not to implement S.B. 10 because it would violate the First Amendment. “A federal court has already made clear that school districts violate the First Amendment when they post the Ten Commandments in classrooms under S.B. 10,” said Heather L. Weaver (she/her), senior counsel for the ACLU’s Program on Freedom of Religion and Belief. “School districts must respect students’ and parents’ constitutional rights, and we will continue to hold school districts accountable when they flout this obligation.” “Texas families from religious and nonreligious backgrounds are once again coming together to challenge this blatantly unconstitutional law,” said Chloe Kempf (she/her), staff attorney at the ACLU of Texas. “This lawsuit is a continuation of our work to defend the First Amendment and ensure that government officials stay out of personal family decisions. All students – regardless of their race or religious background – should feel accepted and free to be themselves in Texas public schools.” “Our Constitution’s guarantee of church-state separation means that families – not politicians – get to decide when and how public-school children engage with religion,” said Rachel Laser (she/her), president and CEO of Americans United for Separation of Church and State. “Multiple federal courts, including in Texas, have been clear: Ten Commandments displays in public schools violate students’ and families’ religious freedom. These displays must be removed.” “We are determined to keep on fighting for the rights of Texas students and their families,” said Annie Laurie Gaylor (she/her), Co-President of the Freedom From Religion Foundation . “The secular foundation of our country’s public school system is nonnegotiable.” “This lawsuit, brought on behalf of a new group of Texas families, underscores a critical principle: public schools across the state must uphold—not undermine—the constitutional protections afforded to every student. As multiple courts have reaffirmed, the First Amendment safeguards the rights of individuals to choose whether and how they engage with religion, and that protection extends to every classroom,” said Jon Youngwood (he/him), global co-chair of the Litigation Department at Simpson Thacher. A copy of the lawsuit can be found online here: https://assets.aclu.org/live/uploads/2025/09/2025-09-22-COMPLAINT-FOR-DECLARATORY-AND-INJUNCTIVE-RELIEF-F-Cribbs-Ringer-et-al-v.-Comal-Independent-School-District-et-al-txwd-5-2025-cv-01181-00001.pdf

From Arkansas to Oklahoma, politicians are pushing religion into public schools. The ACLU is fighting back to defend church-state separation and students’ rights.