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

Latest revision as of 15:20, September 14, 2023

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 generally that the section 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 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.
-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.
+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.
-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.
+The Texas Supreme Court has never addressed this section, which prohibits the State from using its money or property to "benefit" a religious group.
-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 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.
-Texas’s Blaine Amendments—article I, section 7, and article
-VII, subsection 5(c) of the Texas Constitution—violate the Free
-Exercise Clause of the First Amendment to the United States
-Constitution. Accordingly, any law, action, or policy implemented
-in accordance with their prohibitions would be unconstitutional.
+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.
 |recent=
@@ Line 30: / Line 24: @@
 |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_image_alt=Texas Bill of Rights