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

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Texas Constitution:Article I, Section 7 (view source)

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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 the State from using its money or property to "benefit" 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.
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 generally that the section violates the Free Exercise Clause of the First Amendment.


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|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 appropriations, 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, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights
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