Article I, Section 7 of the Texas Constitution ("Appropriations for Sectarian Purposes")
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.
Note the partial overlap of this section 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 either its money or property "for the benefit of" a religious group.
However, 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.
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.
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)