Attorney General Ken Paxton has filed a new lawsuit seeking to dismantle three state-run higher-education programs he says unconstitutionally discriminate against religious students and faith-based organizations.
The lawsuit, filed in Travis County District Court, targets the 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. Paxton alleges the programs contain “nonsectarian” restrictions that violate the First Amendment and improperly bar Christian ministries and religious students from participating in taxpayer-funded benefits.
The lawsuit is notable because Paxton is effectively taking a state agency to court.
“These anti-Christian laws targeting religious students must be completely wiped off the books,” Paxton said in a statement announcing the lawsuit. “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.”
At the heart of the dispute are longstanding statutory and regulatory provisions requiring participating employers to offer only “nonsectarian” work and barring state funds from being used for religious instruction, worship, or proselytization.
Students enrolled in seminary programs are excluded from the work-study program entirely.
Paxton argues these restrictions amount to a “wholesale exclusion” of otherwise qualified students and enterprises based solely on their religious character—something recent U.S. Supreme Court precedent has repeatedly condemned.
The lawsuit cites decisions such as Carson v. Makin, Espinoza v. Montana, and Trinity Lutheran v. Comer, in which the Court held that governments cannot deny access to public benefits simply because applicants are religious or engage in religious activity.
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