
A monument of the Ten Commandments is pictured in front of a church in Uvalde, Texas, June 1, 2022. Texas can require public schools to display the Ten Commandments in classrooms, a U.S. appeals court ruled April 21, 2026.
OSV News photo/Shannon Stapleton, Reuters
April 22, 2026
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A federal appeals court on April 21 narrowly upheld a Texas law requiring public school classrooms to display the Ten Commandments.
In a 9-8 ruling, the 5th U.S. Circuit Court of Appeals reversed lower court decisions that found the law violated the First Amendment.
The ruling rejected arguments that the law established a religion, arguing that it "requires no religious exercise or observance."
"Students are neither catechized on the Commandments nor taught to adopt them," it said. "Nor are teachers commanded to proselytize students who ask about the displays or contradict students who disagree with them."
Previously, in 2024, a federal judge struck down a similar Louisiana law as unconstitutional. In 2025, the Texas law was partially blocked from enforcement.
Supporters of such laws often argue that the Ten Commandments have historical and cultural significance, while opponents argue they are an unconstitutional display of faith in a public setting, with some noting even different Christian groups use different translations of the Ten Commandments, in effect favoring certain Christian churches over others.
Catholics and Lutherans use a numbering of the Ten Commandments established by St. Augustine of Hippo (A.D. 354-430), who is among the saints who hold the title of doctor of the church. Conversely, the Orthodox and most Protestant denominations follow a numbering of the commandments set out by the early Christian scholar Origen of Alexandria (A.D. 185-254).
The law, SB 10, requires the display be at least 16-20 inches and located in "a conspicuous place in each classroom of the school." The law requires the version of the Ten Commandments typically used by Protestants.
The majority opinion acknowledged "detailed scriptural arguments" for why S.B. 10's version of the Commandments "aligns better with Protestant, Catholic, or Jewish traditions," and arguments for why the law's "rendition of scripture ... conflicts with Jewish and Catholic articulations of the Decalogue."
"Not being a court of ministers, bishops, or rabbis, we have no business opining on these matters and no competence to do so," it said.
However, the dissenting opinion in the case argued that "The Supreme Court long ago held that a statute nearly identical to S.B. 10 violates the Establishment Clause," referring to its rejection of a similar Kentucky law in its 1980 ruling in Stone v. Graham.
The dissent also argued that the law risked creating the "subtle coercive pressure" to participate in religious practice in public schools that the high court has long rejected, arguing "As 'commandments,'" that religious scripture risked sending a "coercive" message. In a footnote providing an example, it cited a hypothetical Catholic student viewing the Protestant version of the Ten Commandments as a "theological error" that they are being forced either to acquiesce to, or speak up about and so be marked as different.
A group of plaintiffs, comprised of both religious and nonreligious families, represented by organizations including the American Civil Liberties Union and Americans United for Separation of Church and State, had sued over the Texas law, arguing it violated the First Amendment.
In an April 21 statement, those organizations said they are "extremely disappointed" in the ruling.
"The Court's ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority," they argued. "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."
But Kelly Shackelford, president, CEO, and chief counsel for First Liberty Institute, argued in a statement that, "The Ten Commandments have been a part of our nation's history and tradition; banning them from schools because they are religious is not justified by the Constitution and would undermine a comprehensive education for America's students."
"We applaud the Fifth Circuit for upholding the Constitution," he added.
Texas Lt. Gov. Dan Patrick, a Republican, wrote in a post on X the ruling "a great day for those who believe in the Word of God." The bill was among his legislative priorities, he added in his post.
Louisiana Attorney General Liz Murrill also celebrated the ruling on social media, arguing, "Our law clearly was always constitutional, and I am grateful that the Fifth Circuit has now definitively agreed with us."
Legal scholars previously told OSV News the case is likely to eventually reach the U.S. Supreme Court.
(Kate Scanlon is a national reporter for OSV News covering Washington.)
(Kate Scanlon is a national reporter for OSV News covering Washington.)
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