Texas Attorney General Ken Paxton has filed a lawsuit aimed at dismantling three longstanding state-funded higher education programs that he claims unconstitutionally exclude religious students and faith-based organizations from taxpayer benefits.
The suit, lodged Monday in Travis County District Court, marks a rare instance of Paxton, an outspoken Republican who was accused in September of a "sex scandal" with an aspiring Christian influencer, turning his sights on a fellow state entity.
According to the complaint, three state-run programs — Texas College Work-Study Program, the Texas WORKS Internship Program and the Texas Innovative Adult Career Education Grant Program, all administered by the Texas Higher Education Coordinating Board (THECB) — contain "nonsectarian" restrictions that violate the First Amendment and improperly bar Christian ministries and religious students from participating in taxpayer-funded benefits
In the lawsuit, Paxton alleges these initiatives "violate the Free Exercise and Establishment Clauses of the First Amendment and Article 1, Sections 6-7 of the Texas Constitution by excluding religious organizations and students with religious beliefs from state-funded benefits, conditioning participation on nonsectarian activities, and prohibiting religious activities such as sectarian worship, instruction, or proselytization."
It describes these provisions as creating a "wholesale exclusion of certain people — no matter how otherwise eligible — from state benefits under the program based solely on the religious character of their course of study," including a complete exclusion of students enrolled in seminary programs from the work-study initiative.
Citing a string of U.S. Supreme Court rulings that have struck down similar exclusions, Paxton's suit argues that "governments cannot deny access to public benefits simply because applicants are religious or engage in religious activity," which would effectively render the programs' restrictions a form of impermissible discrimination that burdens religious expression and involves undue theological judgments, according to the filing.
"Texas may neither exclude religious organizations from public benefits because of their faith nor condition participation on theological choices," the complaint states.
Paxton's office is asking the court to declare the programs unconstitutional.
The Christian Post reached out to THECB, which administers the programs, for comment on Monday.
In a statement announcing the action, Paxton decried the programs as relics of bias.
"These anti-Christian laws targeting religious students must be completely wiped off the books," he said. "Our nation was built by patriotic Americans who had the freedom to express their religious beliefs without fear of being targeted, and we will honor that heritage by upholding the First Amendment in Texas."
The suit from Paxton's office is the latest legal move by Texas' top prosecutor to uphold — or enforce — Christian tradition in the public square.
In September, Paxton encouraged Texas public schools to allocate dedicated time for prayer and Scripture reading, specifically recommending the Lord's Prayer, in accordance with Senate Bill 11, a new state law currently under a temporary injunction.
SB 11 permits school boards to adopt policies for voluntary prayer and scripture reading, requiring parental consent for student participation. The law also mandates Paxton's office to defend schools adopting such policies and allows him to suggest best practices, including his endorsement of the Lord's Prayer "as taught by Jesus Christ."
