Fifth Circuit to hear arguments on Texas and Louisiana Ten Commandments classroom laws

The full U.S. Court of Appeals for the Fifth Circuit is set to hear arguments on January 20 regarding new laws in Texas and Louisiana that require the display of the Ten Commandments in public school classrooms. Both laws have previously been ruled likely unconstitutional by lower courts, setting up a significant legal review by all active judges on the appellate court.

At the center of the Texas case is Senate Bill 10 (SB 10), which was passed during the 89th regular legislative session and signed into law by Gov. Greg Abbott on June 20. The law requires public schools to display donated copies of the Ten Commandments—specifically the King James Bible version—in classrooms if an outside group provides them.

The bill drew strong reactions even before it became law. During legislative debate, Democratic lawmakers and public witnesses warned that SB 10 would prompt constitutional challenges. Those warnings were quickly realized, as multiple lawsuits were filed by parents and advocacy groups seeking to block the law’s implementation.

One of those lawsuits, Rabbi Nathan v. Alamo Heights Independent School District, was heard by U.S. District Court Judge Fred Biery. In that case, Biery ruled that SB 10 was likely unconstitutional, finding it in potential violation of “the higher law of the U.S. Constitution.” The plaintiffs argued that the statute conflicted with the First Amendment, which states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Judge Biery agreed that the law likely crossed constitutional boundaries, writing that “SB 10 crosses the line from exposure to coercion.” He also relied on existing Fifth Circuit precedent, citing Roake v. Brumley, a case in which the court struck down a similar Louisiana law requiring the display of the Ten Commandments in public school classrooms.

As a result of Biery’s ruling, an injunction was issued blocking SB 10 in 11 Texas school districts: Alamo Heights, North East, Lackland, Austin, Northside, Lake Travis, Dripping Springs, Houston, Fort Bend, Cypress Fairbanks, and Plano ISDs. Importantly, the injunction did not apply statewide, meaning the law technically remains in effect in other districts while litigation continues.

Texas Attorney General Ken Paxton appealed the decision to the Fifth Circuit. Around the same time, Louisiana officials appealed a separate ruling striking down their own classroom display law. In November 2025, the Fifth Circuit granted Paxton’s request for an en banc hearing, meaning the case will be heard by the full court rather than a smaller panel. Louisiana was granted the same consideration one month earlier.

The upcoming January 20 hearing will allow all active Fifth Circuit judges to consider whether these laws violate the First Amendment’s Establishment Clause and whether prior precedent should continue to control the issue. The outcome could have wide-reaching implications not only for Texas and Louisiana, but for other states considering similar legislation.

While supporters of the laws argue they represent historical or moral instruction, opponents maintain they amount to government endorsement of religion in public education. The Fifth Circuit’s en banc review will determine which interpretation prevails under current constitutional standards.