NATHAN v. ALAMO HEIGHTS INDEPENDENT SCHOOL DISTRICT (2025)

United States Court of Appeals, Fifth Circuit.

Mara NATHAN, Rabbi, on behalf of herself and on behalf of her minor child, M.N.; Virginia Galaviz Eisenberg, on behalf of herself and on behalf of her minor child, R.E.; Ron Eisenberg, on behalf of himself and on behalf of his minor child, R.E.; Seth Ettinger, Cantor, on behalf of himself and on behalf of his minor child, R.E.; Sarah Ettinger, on behalf of herself and on behalf of her minor child, R.E.; Elizabeth Lemaster, on behalf of herself and on behalf of her minor children, K.L. & L.L.; Carah Helwig, on behalf of herself and on behalf of her minor children, J.P. & T.P.; Alyssa Martin, on behalf of herself and on behalf on her minor child, H.B.M.; Cody Barker, on behalf of himself and on behalf of his minor child, H.B.M.; Lauren Erwin, on behalf of herself and on behalf of her minor child, M.E.; Rebekah Lowe, on behalf of herself and on behalf of her minor children, E.R.L. & E.M.L.; Theodore Lowe, on behalf of himself and on behalf of his minor children, E.R.L. & E.M.L.; Marissa Norden, on behalf of herself and on behalf of her minor children, E.N. & A.N.; Wiley Norden, on behalf of himself and on behalf of his minor children, E.N. & A.N.; Joshua Fixler, Rabbi, on behalf of himself and on behalf on his minor children, D.F., E.F., & F.F.; Cynthia Mood, Reverend, on behalf of herself and on behalf of her minor children, L.M. & C.M.; Cheryl Rebecca Smith, on behalf of herself and on behalf of her minor child, L.P.J.; Arvind Chandrakantan, on behalf of himself and on behalf of his minor children, V.C., M.C. & A.C.; Allison Fitzpatrick, on behalf of herself and on behalf of her minor children, C.F. & H.F.; Mara Richards Bim, on behalf of herself and on behalf of her minor child, H.B., Plaintiffs—Appellees, v. ALAMO HEIGHTS INDEPENDENT SCHOOL DISTRICT; North East Independent School District; Lackland Independent School District; Northside Independent School District; Lake Travis Independent School District; Dripping Springs Independent School District; Fort Bend Independent School District; Cypress Fairbanks Independent School District; Plano Independent School District, Defendants—Appellants.

No. 25-50695

Decided: October 28, 2025

Before Elrod, Chief Judge, and Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges.

Jonathan K. Youngwood, Esq., Simpson, Thacher & Bartlett, L.L.P., New York, NY, Thomas Paul Buser-Clancy, Sarah Corning, Chloe Kempf, Adriana Cecilia Pinon, American Civil Liberties Union of Texas, Houston, TX, Patrick Elliott, Samuel Troxell Grover, Freedom From Religion Foundation, Incorporated, Madison, WI, Samuel Troxell Grover, Freedom From Religion Foundation, Madison, WI, Alex J. Luchenitser, Americans United for Separation of Church & State, Washington, DC, Daniel Mach, American Civil Liberties Union, Washington, DC, Heather Weaver, American Civil Liberties Union Foundation, Washington, DC, for Plaintiffs-Appellees. William Howard Farrell, William R. Peterson, Office of the Attorney General for the State of Texas, Austin, TX, William Francis Cole, Esq., Daniel Ortner, Counsel, Office of the Texas Attorney General, Office of the Solicitor General, Austin, TX, for Defendants-Appellants.