In Cribbs Ringer v. Comal Independent School District, (WD TX, Nov. 18, 2025), a Texas federal district court issued a preliminary injunction barring 14 Texas school districts from complying with SB 10, a recent Texas statute requiring the posting of the Ten Commandments in every public-school classroom. The court concluded that the case is factually indistinguishable from the U.S. Supreme Court's 1980 decision in Stone v. Graham. The court held that the Supreme Court's later decision in Kennedy v. Bremerton School District abandoned the Lemon test in Establishment Clause cases, the Supreme Court "gave no indication it was abrogating or overruling any of its public school cases." The court said in part:
Even if Kennedy undermined Stone to some extent, it would still control this case. Lower courts must apply controlling Supreme Court precedent even when it appears to rest on "reasons rejected in some other line of decisions."
Eleven other Texas school districts were previously enjoined from complying with SB 10. (See prior posting.)
ACLU issued a press release announcing yesterday's decision.