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.]


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.
 
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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