August 22, 2025 | Blog, Legislative Update
S.B. 10: Texas Ten Commandments Preliminary Injunction
On August 15 and August 18, 2025, the United States District Court for the Western District of Texas, San Antonio Division, heard oral arguments regarding a preliminary injunction being sought to prevent defendant districts from complying with a provision of S.B. 10. Specifically, the challenged provision requires all Texas public school classrooms to display S.B. 10’s version of the Ten Commandments.
As you are likely aware, the Court granted the preliminary injunction to prohibit the defendant districts from complying with the law. However, there is some confusion as to whether this applies to only the defendant districts or to districts statewide. Since this injunction does not specifically mention all Texas public school districts, it likely does not apply to all Texas public school districts.
Regardless of whether this ends up being the case, it is our position that it is each individual District’s decision as to whether to install the posters. If you are not a listed District, then the safest path is to install posters beginning September 1st. You do not have to take any action until that date. If you choose not to install the posters or choose to wait until you have full campus or districts sets, the lack of clarity in the ruling may allow for some indecision on your part.
Finally, the Texas legislature declined to weave an enforcement mechanism for S.B. 10 into the statute. This does not mean, however, that the attorney general could not sue a noncomplying district seeking enforcement or that TEA could not order placement at the risk of funds. Ultimately, it is up to each individual district not named as a defendant to decide whether to post the Ten Commandments in accordance with S.B. 10 at this time. It is our position that, regardless of what each non-defendant district decides to do, either position is a legally defensible position.
