Texas Constitution:Article I, Section 6-a and Texas Constitution:Article I, Section 7: Difference between pages

Revision as of 15:17, May 24, 2024

Adopted February 15, 1876:

No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.

Editor Comments

Sections 4 through 7 of Article I, including the recently adopted Section 6-a, concern religion.

This section partially overlaps with Article VII, Section 5, which prohibits use of the permanent or available school fund to support sectarian schools.

The Texas Supreme Court has never addressed this section, which prohibits the State from using its money or property to "benefit" a religious group.

The Texas Attorney General, in Tex. Att'y Gen. Op. H-66 (1973), opined at length on the constitutionality of the Tuition Equalization Grant Program.

And recently, in Tex. Att'y Gen. Op. KP-439 (2023), he opined that this section generally violates the Free Exercise Clause of the First Amendment.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

@@ Line 1: / Line 1: @@
-{{DISPLAYTITLE:Article I, Section 6-a of the Texas Constitution (''<small>"Religious Service Protections"</small>'')}}{{Texas Constitution|text=Added November 2, 2021:
+{{DISPLAYTITLE:Article I, Section 7 of the Texas Constitution (''<small>"Appropriations for Sectarian Purposes"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
-'''This State or a political subdivision of this State may not enact, adopt, or issue a statute, order, proclamation, decision, or rule that prohibits or limits religious services, including religious services conducted in churches, congregations, and places of worship, in this State by a religious organization established to support and serve the propagation of a sincerely held religious belief.'''
+'''No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.'''
 |editor=
-Sections 4 through 7 of Article I, including this new section, concern religion.
+Sections 4 through 7 of Article I, including the recently adopted Section [[Texas Constitution:Article I, Section 6-a|6-a]], concern religion.
-The broadly-worded section was adopted with a vote of 62 percent in favor.
+This section partially overlaps with Article VII, Section [[Texas Constitution:Article VII, Section 5|5]], which prohibits use of the permanent or available school fund to support sectarian schools.
-It stops officials from using a disaster declaration to close places of worship.
+The Texas Supreme Court has never addressed this section, which prohibits the State from using its money or property to "benefit" a religious group.
+The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1973/jh0066.pdf H-66] (1973), opined at length on the constitutionality of the Tuition Equalization Grant Program.
+And recently, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2023/kp-0439.pdf KP-439] (2023), he opined that this section generally violates the Free Exercise Clause of the First Amendment.
 |recent=
@@ Line 19: / Line 23: @@
 None.
-|seo_title=Article I, Section 6-a of the Texas Constitution ("Religious Service Protections")
+|seo_title=Article I, Section 7 of the Texas Constitution ("Appropriations for Sectarian Purposes")
-|seo_keywords=Article 1 Section 6-a, religious freedom, coronavirus pandemic
+|seo_keywords=Article 1 Section 7, religious appropriations, Blaine Amendments
-|seo_description=This State or a political subdivision of this State may not enact, adopt, or issue a law that prohibits or limits religious services.
+|seo_description=No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary.
-|seo_published_time=2021-11-025T12:30:30Z
 |seo_image_alt=Texas Bill of Rights
@@ Line 28: / Line 31: @@
 [[Category:Texas Bill of Rights]]
+[[Category:Religion Law]]
 [[Category:TxCon ArtI Sec]]