ACLU’s Supreme Court bid in Texas Ten Commandments case sparks debate
The ACLU petitioned the Supreme Court to review Texas’s Ten Commandments display law.
Why it matters: This challenge highlights strategic legal decisions that could reshape First Amendment cases on religious symbols in public schools nationwide. The court’s ruling may influence similar laws in other states.
- Texas enacted Senate Bill 10 in June 2025, mandating Ten Commandments displays in all public school classrooms.
- A federal judge blocked the law in August 2025 citing First Amendment concerns; the Fifth Circuit reversed that injunction in April 2026 by a narrow 9-8 vote.
- The ACLU and partners criticized the Fifth Circuit decision as contrary to Supreme Court precedent.
- On August 17, 2026, the ACLU filed a petition for certiorari asking the Supreme Court to review the case.
- Texas educates about 5.5 million students, underscoring the law’s wide impact.
In June 2025, Texas Governor Greg Abbott signed Senate Bill 10 requiring all public elementary and secondary schools in the state to display a durable copy of the Ten Commandments in each classroom. The law specifies the poster must measure at least 16 by 20 inches, use a clear typeface, and be placed in a prominent location, affecting approximately 5.5 million students statewide.
Initially, U.S. District Judge Fred Biery issued a preliminary injunction in August 2025 to block enforcement of S.B. 10, ruling it likely violated both the Establishment and Free Exercise Clauses of the First Amendment. However, in April 2026, the U.S. Court of Appeals for the Fifth Circuit narrowly reversed this injunction in a 9-8 split decision, upholding the law.
The ruling stirred significant controversy. Civil rights advocates, including the ACLU, sharply criticized the decision. In a joint statement, they said it "goes against fundamental First Amendment principles and binding U.S. Supreme Court authority." Heather Weaver, an ACLU attorney, emphasized the case's national importance given similar laws being considered in other states.
On August 17, 2026, the ACLU and allied groups petitioned the U.S. Supreme Court to review the Fifth Circuit’s ruling. The petition’s filing signals an important escalation in the legal battle over religious displays in public institutions, raising strategic questions. Some commentators debate whether the ACLU’s choice to seek Supreme Court review represents an effective challenge given existing precedent or a risky move that might limit future litigation options.
The Supreme Court’s decision to grant or deny certiorari is pending, with potentially broad implications for public religious speech and state laws nationwide.
By the numbers:
- 5.5 million — students impacted by Texas Senate Bill 10
- 9-8 — Fifth Circuit's narrow vote upholding the law
- August 17, 2026 — date ACLU filed for Supreme Court review
Yes, but: While the ACLU views the petition as critical to protecting First Amendment rights, the close Fifth Circuit ruling underscores the contested legal landscape, suggesting the Supreme Court may hesitate given recent precedent.
What's next: The Supreme Court’s timetable for deciding whether to hear the case remains unknown, but its ruling on certiorari will determine the future of similar religious display laws nationwide.