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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 Supreme Court has never addressed this section, which prohibits the State from using its money or property to "benefit" a religious group. | ||
Note that its unique text, which first appeared in a Texas constitution in 1876, is substantively similar to Section [https://www.legislature.mi.gov/documents/historical/miconstitution1835.htm 5] of the 1835 Michigan Constitution. | |||
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. | 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. | 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. | ||
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