Texas Constitution:Article I, Section 7: Difference between revisions
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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. | |||
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 either its money or property "for the benefit of" a religious group. | ||
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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.] | 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.] | ||
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. | |||
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