The Attorney General of Texas
JIM MATTOX September 6, 1985
Attorney General
Supreme Court Sullding I4r.Kenneth H. Aahworth Opinion No. J&352
P. 0. BOX 12548 Coeardssioner
Austin, TX. 7871% 2548 Coordinatinn Board Re: Whether a state institution
5121475-2501
Texas Collage & University System, of higher education may appoint
Telex Q101874-1367
Telecopier 512/4750266
P. 0. Box 12788 to a faculty teaching position
Austin, Texas 78711 an individual who is nominated
and salaried by a religious
714 Jackson, Suite 700 denomination
Dallas, TX. 75202-4508
21417428944
Dear Mr. Ashworth:
4624 Alberta Ave., Suite 180 You ask whetler s state Institution of higher education may
El Paso, TX. 79905.2793 constitutionally appoint individuals who are nominated and salaried by
915E.353484
a religious denomination to a faculty position to teach religious
studies courses. If' the answer to this question is affirmative, and
1001 Texas, Suite 700 the institution appoints the nominee of one or more religious
Houston, TX. 77002-3111 denominations, you ask whether the institution may deny appointment to
713223.5886 similarly qualifiell nominees of any other religious denomination.
Your questions require this office to consider the scope of the clause
of the First Amendment to the United States Constitution which
805 Broadway. Suite 312
Lubbock. TX. 79401.3479
declares that "Cong;ressshall make no law respecting an establishment
8061747-5238 of religion or px,ohibiting the free exercise thereof" and which
applies to the stat,asby virtue of the Fourteenth Amendment. Wallace
v. Jaffree, 105 S.Ct. 2479 (1985).
4303 N. Tenth. Suite S
McAllen. TX. 78501-1685
5121682.4547 Your letter indicates that North Texas State University initially
requested authorization from the Coordinating Board of the Texas
College and University System to transform the university's philosophy
200 Main Plaza, Suite 400 department into a department of philosophy and religious studies which
San Antonio, TX. 78205.2797
would consist of the present philosophy department's faculty and of
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the holders of thg! six Bible chairs at the university. You state
that, at present,
An Equal OppOrtunityI
Affirmative Action Employer Bible chairs are teaching poslt