Untitled Texas Attorney General Opinion

GERALD C. MANN AUNTIS 11.TEXAR Hohorable T. H'.Trlmble, First Assistant State Superintendent of Public Instruction Austin, _., Texas Deer Sir: OpInIonNo. O-5643 Re: Shall the AmarrflloCollege, Amarillo, Texas, receive the State mon'egallotted to 'unlor colleges 'et the rate of 450*00 each 15 semesterhours carried for the students, In the course of Bfble? We'acknowledge receipt of your letter of-recent date to which you attach a letter from Mr. Ernest C. Shearers.Act- ing President of Amarillo College, which letter reads &I fol- lows: "For the first time this year we are offer- ing a non-sectarian course in Bible. It is OUP understanding that no money received from the State can be used to peg a teacher In this course, end we have made other arrangements. "However, the questfon has arisen as to whether OP not we shall receive the State money allotted to junior colleges et the rate of $50 for each 15,semester hours carried for the stu- d,entsin this Bible course. It has been my understanding that we can lfst any course for which we give college credit and for which we are collecting out regular tuftlon. Is this Bible course an exception to thfs ruling?" In reply to the above we quote from Opini.onO-5037, 8s follows: "It Is well known that one of the causes of the Texas Revolution was the enforced ~natlonal religion of the Republic of Mexico. As a conse- quence, certeln provisions were included in OUP Constltut%on to divorce the church from the State and to guarantee absolute rellglous freedom. Sec- tions 6 and 7 of our Bill of Rights..(ArticleI 3 Honorable T. M. Trimble, page 2 O-5643 of the Texas Constitution) reed respectively es follows~ "'Sec. 6 D All men have e natural end in- dependent right to worship Almighty God ec- cording to the dictates of their own con; sciences. No man'shall be compelled to attend, erect or support any place of worshfp, or to mtlfnteinany mInistry agelnst~'hls~~bonsent. No human authority ought, in any case what- ever, to control or interfere with the-rights of consclence In matters of religion; end no preference shall ever be given by law to any rellglous'soclety or mode of worship. But ‘it’ shall be th@ duty of the Legislature to’pass riuchlaws es may be necessary to pro- tect equally every rellglous denominetlon In the peaceable enjoyment of Its own mode of pub- lic worship.' ""SetD 7 s No money shell be appropriated, OP drawn from the Treasury for the benefit of any sect, or religious society',theologl- cal or religious seminary;.nor shell property belonglng to the State be appropriated for any such purposes.' "Section 5 of Article VII, Constitution of Texas, provides, in part,as follows: 11 10 D 0 And no law shall ever be enacted appropriating any pert of the permanent or available school fund to any other purpose whatever; nor shell the same, or any part thereof ever be appropriated to or used for the support of any secterS$la,school; *-..I See also Article 2899, R.C.3. "The provfsions were before the Supreme Court of Texas in the case of Church et al. v'.Bullock et al., log 3.w. 115. In that case It was held In effect that the holding of morning exercises In the public schools which consisted of reading by the t&cFier without comment of non-sectarian extracts from the Bible, end the singing of appropriate songs, In which the pupils wer@ lnvlt,edbut nbt required to join, was not objectionable under the-‘abovequoted prbvislons of-'theConstitutLon. See also Pfelffer v. Board of Education s 77 N.W. 250; People ex rel. Vollmar v. Stanley , 255 P, 610; Hackett v. Honorable T. M. Trlmble, page 3 O-5643 Brooksvllle Graded School Dlst., (Kya), 87 S.W. 792;.Stevenson,v. Heiiyon, . .._ 7 Pa. Dist. R. 585. Row- ever, tne court empnatlcelly stress'edthe point that the exercises were non-sectarian in cherec- ter.' We quote the following from the opinion of the court: $1 I 0It was the purpose of the Constl- 0 . tution to forbid the'use of'publlc funds for the support of any pertlcular denomination of religious people, whether they be Christians or of other religions.' "Theref.ore,exercises which would include any expression representing the peculiar or distinctive view or dogma of any sect or denomlnetion would not be non-sectarian. Such exercises would be in vlo- letion of our Constitution." We quote the following from the opinion of Judge Brown, of the Supreme Court, in the case of Church v. Bullock, supre: "There is no difference In the protection given by our Constitution between citizens of this State on account of religious beliefs --all are embraced In Its broad language, and are entitled to the protection guaranteed thereby; but It does not follbw that one or more lndlvlduels have the right to have the courts deny the people the privilege of having their children Instructed in the morel truths of the Bible because such objectors do not desire that their own children shall be partlcl- pants therein. This would be to starve the morel and spiritual natures of the many out of deference to the few, . e . a .'I Mr, Shearer states that the course offered Is nonsec- tarian, and based on that statement, it is outiopinion that there Is no exception In the law with respect to Bible courses. Very truly yours ATTORNEY GENERAL OF TEXAS By s/C, F. Gibson CFGzs:wc C. F. Gibson APPROVED NOV 8, 1943 Assistant s/Grover Sellers FIRST ASSISTANT This Opinion Considered And Approved ATTORNEY GENERAL In Limited Conference.