Fifth Circuit Upholds Texas’ Ten Commandments Classroom Law

Image: Cover page Fifth Circuit Ten Commandments April 2026 ruling — Click the image above to access the majority, concurring and dissenting opinions.

The U.S. Fifth Circuit Court of Appeals, via a 9-8 majority, upheld 2025’s SB10/regular session Ten Commandments posting law.

Note: SB10 allows public schools to conspicuously display 16″ x 20″ posters or framed copies of the Ten Commandments in every classroom if the school pays for them, and requires schools to conspicuously display them in every classroom if they are donated.

The Fifth Circuit’s majority, concurring and dissenting opinions were posted late Tuesday afternoon (April 21, 2026).

Majority

The majority concluded that the law is constitutional because it merely requires the posting of a “passive display on the wall” that students can choose to ignore without being penalized, and because the law neither constitutes the establishment of a government approved religion nor requires compulsory church attendance.

Dissent

The dissenting judges argued the law effectively endorses religion and conflicts with prior U.S. Supreme Court precedents (notably a 1980 case striking down similar school displays).

The Fifth Circuit’s majority ruling upholding SB10 will likely be appealed to the U.S. Supreme Court.

The Texas Tribune has more.