Religion

Establishment Clause - A court is likely to conclude that a law-enforcement department's display of "In God We Trust" on its patrol vehicles is permissible under the Establishment Clause

Establishment Clause of the U.S. Constitution - opening a court session with "God save the State of Texas and this Honorable Court" or with a prayer by a volunteer chaplain, or hosting a volunteer chaplain program to provide counseling upon request, does not violate the Establishment Clause

Schoolchildren's Religious Liberties Act, continued existence of federal permanent injunction issued against Houston Independent School District precludes determination of whether certain terms of injunction prevail over provisions of

Religious postsecondary educational institution, state regulation of does not violate right to free exercise of religion|Free exercise of religion, chapter 110 of the Civil Practice and Remedies Code restores compelling interest test for state burdens on|Religious postsecondary educational institution, Board's regulation of pursuant to statute does not violate individual's right to free exercise of religion|Free exercise of religion, state regulation of religious postsecondary educational institution does not violate individual's right to

Internet ordination, Board of Examiners of Psychologists may consider as factor in determining claim of ministerial exemption, but may not conclusively presume bad faith on sole basis of|Internet ordination, Board of Examiners of Psychologists may consider as factor in determining claim of ministerial exemption but may not conclusively presume bad faith on sole basis of|Internet ordination, Board may consider as factor in determining claim of ministerial exemption but may not conclusively presume bad faith on sole basis of

The Legislature authorized the Behavioral Health Executive Council to take disciplinary action against social workers who refuse to perform an act or service within the scope of their licenses solely because of the recipient’s age, sex, race, religion, national origin, color, or political affiliation.  The Council adopted a rule changing the word “sex” to “gender” and authorizing disciplinary action for refusal of service based on disability, sexual orientation, and gender identity and expression.  In doing so, the Council exceeded the authority granted to it by the Legislature by rewriting the language chosen by the Legislature and imposing additional restrictions in excess of the relevant statutory provisions.  A court would likely conclude that the rule is invalid to the extent that it is inconsistent with and exceeds the Council’s statutory authority.

No Texas statute prohibits discrimination based on sexual orientation or gender identity or expression, and the U.S. Supreme Court has emphasized that religious and philosophical objections to categories of sexual orientation are protected views and in some instances protected forms of expression under the First Amendment.  If the Legislature intends otherwise, it may expressly amend the statute to so provide. A Council rule prohibiting that expression conflicts with the longstanding constitutional protection for an individual’s free exercise of religion. 

While a social worker may not discriminate based on disability in contravention of state and federal law, the Council lacks statutory authority to discipline a licensee for discrimination based on disability.