TLG

Texas Constitution:Article I, Section 7: Difference between revisions

← Older edit
VisualWikitext
No edit summary
mNo edit summary
 
(46 intermediate revisions by the same user not shown)
Line 7: Line 7:
Sections 4 through 7 of Article I, including the recently adopted Section [[Texas Constitution:Article I, Section 6-a|6-a]], 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 Texas Supreme Court has never addressed this section, which prohibits the state from using either its money or property "for the benefit of" a religious group.
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.


However, 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 [http://www.collegeforalltexans.com/apps/financialaid/tofa2.cfm?ID=534 Tuition Equalization Grant Program.]
The Texas Supreme Court has never addressed this section, which prohibits using any state money or property "for the benefit of" a religious group.


Finally, note the partial overlap of this section 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.
Note that its unique text, which first appeared in a Texas constitution in 1876, is textually 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.
 
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=
|recent=
Line 22: Line 26:


|seo_title=Article I, Section 7 of the Texas Constitution ("Appropriations for Sectarian Purposes")
|seo_title=Article I, Section 7 of the Texas Constitution ("Appropriations for Sectarian Purposes")
|seo_keywords=Article 1 Section 7, Texas Bill of Rights, religious appropriations
|seo_keywords=Article 1 Section 7, religious liberty, Blaine Amendments
|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_description=No money shall be appropriated for the benefit of any sect, religious society or religious seminary.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights


Line 29: Line 33:


[[Category:Texas Bill of Rights]]
[[Category:Texas Bill of Rights]]
[[Category:Religion Law]]
[[Category:TxCon ArtI Sec]]
[[Category:TxCon ArtI Sec]]
Retrieved from "https://texaslegalguide.com/Texas_Constitution:Article_I,_Section_7"