Attorney General Ken Paxton filed suit against the Texas Department of Housing and Community Affairs, claiming TDHCA is discriminating against Christian groups and other religious organizations.
Paxton seeks to stop the department from enforcing what he claims are unconstitutional rules that restrict religious organizations from receiving federal and state funding for programs that serve homeless and low-income Texans.
The lawsuit challenges TDHCA regulations that condition access to public benefits on a religious organization’s willingness to alter or abandon core elements of its faith.
Currently, under the rules, any organization receiving TDHCA funding to operate homelessness or housing programs must agree not to engage in religious activities within programs supported by the funds.
Paxton argues that the restrictions are unconstitutional because they discriminate against religious entities solely because they are religious.
“State agencies have no authority to force Christians and other religious organizations to censor their beliefs just to serve their communities,” said Paxton.
“Constitutionally protected religious liberty must be upheld in Texas and across the country. These TDHCA’s provisions within certain programs, which deter funding from going towards churches and religious organizations, must be struck down.”
The lawsuit states that under the Free Exercise and Establishment Clauses of the First Amendment and Article 1, Sections 6-7 of the Texas Constitution, Texas may neither exclude religious organizations from public benefits because of their faith, nor condition participation in state-funded programs on theological choices about worship, instruction or proselytization.
“Nevertheless, the Department and its Executive Director administer several state programs – including homelessness programs and programs for low-income home buyers and owners – that expressly condition receipt of state funds on critical religious and theological choices,” the suit states.
“The Attorney General is filing this lawsuit to protect Texans’ rights to religious freedom by preventing the Department and its Executive Director from continuing to enforce these unconstitutional laws.”
This lawsuit, which was filed in Travis County, follows Paxton’s action against provisions within Texas higher education work-study programs that discriminated against Christian and other religious students.
The AG says he is committed to striking down any provisions that would undermine religious liberty and take away federal and state funding opportunities based on religious views.
