Texas Attorney General Ken Paxton filed a lawsuit this past week seeking to strike down three state-funded higher education work programs he argues unconstitutionally exclude religious students and religious employers.
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 (ACE) Grant Program. Paxton alleges each program violates the First Amendment by requiring state-funded activities to be “nonsectarian,” which prevents students engaged in religious instruction and faith-based organizations from receiving state funds.
“These anti-Christian laws targeting religious students must be completely wiped off the books,” Paxton said in a press release announcing the lawsuit. “We will honor [America’s] heritage by upholding the First Amendment in Texas.”
According to the original petition filed November 12, 2025 in Travis County District Court, the challenged statutes and rules:
- Bar religious organizations from participating in work-study or internship placements if the work involves “sectarian” activities (Tex. Educ. Code §§ 56.074(b)(1), 56.076(a)(1), 56.0855(b)(4))
- Exclude students enrolled in seminaries or programs leading to religious ordination from work-study eligibility (Tex. Educ. Code § 56.075(b)(2))
- Prohibit ACE Grant recipients from using funds for “sectarian worship, instruction, or proselytization” (19 Tex. Admin. Code § 400.5(b))
Paxton argues these restrictions amount to a “wholesale exclusion” of otherwise eligible students based solely on the religious nature of their studies and unconstitutionally condition access to public benefits on avoiding religious instruction.
The petition cites recent U.S. Supreme Court rulings — including Carson v. Makin, Espinoza v. Montana Department of Revenue, and Trinity Lutheran v. Comer — which struck down state programs that limited public benefits to nonreligious uses.
“Texas may neither exclude religious organizations from public benefits because of their faith nor condition participation on theological choices,” the filing states.
Paxton is seeking:
- A declaration that the statutes and administrative rules are unconstitutional
- A temporary injunction blocking enforcement while the case proceeds
- A permanent injunction barring the state from enforcing the restrictions
The lawsuit names the Texas Higher Education Coordinating Board and its members — including Commissioner Wynn Rosser, Board Chair Stacy Hock, Vice Chair Welcome Wilson Jr., and other board officials — in their official capacities.