The American Civil Liberties Union (ACLU) submitted a petition to the Supreme Court on August 17, 2026, requesting a review of a Texas law that mandates the display of the Ten Commandments in public school classrooms. The ACLU argues that this requirement infringes upon the First Amendment rights of students and parents.
The petition challenges Senate Bill 10, enacted in 2025, which requires Texas public schools to display a state-selected version of the Ten Commandments in classrooms from kindergarten through 12th grade. More than two dozen families from various religious and nonreligious backgrounds are contesting the mandate across 22 Texas school districts, represented by the ACLU, ACLU of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with pro bono legal support from Simpson Thatcher & Bartlett.
This petition follows a ruling by the U.S. Court of Appeals for the 5th Circuit in April 2026, which upheld the law, stating that Texas did not violate the establishment or free exercise clauses of the First Amendment. Among the plaintiffs is Rabbi Joshua Fixler, who expressed concern for children feeling different due to the mandate. Interfaith parents Rebekah and Ted Lowe also criticized the law, asserting that decisions about their children's religious education should be made by families, not politicians.
The ACLU contends that the law violates both the establishment and free exercise clauses of the First Amendment, referencing the Supreme Court's 1980 decision in Stone v. Graham, which invalidated a similar Kentucky law. The Supreme Court is not obligated to hear the case; at least four justices must agree to grant the petition for it to proceed.