Fifth Circuit & SCOTUS Update: Key Decisions Impacting Texas Public Education

Mahmoud v. Taylor (2025)

Ina 6-3 decision, the U.S. Supreme Court held that parents challenging the Montgomery County Board of Education were entitled to a preliminary injunction against the district’s refusal to allow opt-outs from LGBTQ+-inclusive elementary school instruction. Mahmoud v. Taylor, 606 U.S. 522, 145 S. Ct. 2332, 222 L. Ed. 2d 695 (2025). The majority concluded that the policy substantially interfered with parents’ religious rights by exposing children to instruction conflicting with their faith and encouraging affirmation of those view points.

The Court held that strict scrutiny applies when school policies substantially burden parents’ ability to direct their children’s religious upbringing, meaning that the District must show that its actions were “narrowly tailored ”to further a “compelling government interest,” and that they were the “least restrictive means” to further that interest. The majority found the district’s administrative justifications insufficient, particularly because opt-outs were permitted in other instructional contexts.

The case has significant implications for Texas public schools as it reinforces the constitutional foundation of numerous opt-out laws, including those related to curriculum, instruction, and certain healthcare-related services.

Crowther v. Board of Regents of the University System of Georgia

The U.S. Supreme Court has agreed to review a case that may decide whether employees may bring forth lawsuits under Title IX of the Education Amendments of 1972. Crowther v. Bd. of Regents Univ. Ga, No. 25-183, 2026 WL1377024 (U.S. May 18, 2026). Since 1972 Title IX has barred sex discrimination by schools that receive federal funding. The law has universally been interpreted to apply to students since its inception. However, there is division among the circuit courts in whether the law allows employees to bring forth Title IX claims. The Fifth Circuit, Texas’ Court of Appeals, has previously held that individuals seeking monetary damages for discrimination may not assert Title IX as a basis for claims. Lakoski v. James, 66 F.3d 751 (5th Cir. 1995).

Notably, the text of Title IX states that “[n]o person…shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The petitioner will attempt to convince the U.S. Supreme Court that this language does not limit employees from bringing claims. While not a party to the action, the U.S. Solicitor General D. John Sauer, filed a brief expressing disagreement with the application of Title IX to employees.

Shouldthe U.S. Supreme Court hold that Title IX applies to employees, this would require Texas school districts to update policies and procedures regarding Title IX, while also granting employees an additional avenue for asserting discrimination claims.

Nathan v. Alamo Heights ISD

Ina recent decision, the Fifth Circuit Court of Appeals ruled that Senate Bill10, requiring Texas school districts to display donated or purchased posters of the Ten Commandments, was constitutional and upheld the law. Nathan v. Alamo Heights Indep. Sch. Dist., 173 F.4th 576 (5th Cir. 2026). The U.S. Supreme Court previously ruled on a very similar law in the 1980s, however the precedent case that was determinative in that decision was overruled by the Supreme Court in its 2022 decision in Kennedy v. Bremerton School District. Kennedy v. Bremerton Sch. Dist., 597 U.S. 507, 142 S. Ct. 2407, 213 L. Ed. 2d 755(2022).

The case will very likely be appealed and accepted by the United States Supreme Court. The Court will be tasked with evaluating two key issues: (1) whether the law meets the new precedent established in Kennedy of being consistent with “historical practices and understandings,” and (2) whether the law is unconstitutionally coercive.

An eventual U.S. Supreme Court decision will affirm whether school districts must keep the Ten Commandment postings on classroom walls or rule SB 10unconstitutional.

Our office will continue to monitor the most recent laws, administrative decisions, and cases that impact public education and other public and private entities. If you have any questions or concerns about recent developments, our attorneys are prepared to provide you with prompt guidance.

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