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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.


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.


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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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