Texas AG Ken Paxton sues a second state agency over rules he says discriminate on religious grounds
Attorney General Ken Paxton is suing the Texas Department of Housing and Community Development, his second lawsuit in as many weeks that targets a state agency for practices he says discriminate against religious groups.
Organizations that receive state funds to assist the homeless or support housing programs through the department are not permitted to participate in religious activities under those programs. Paxton argues that this rule is unconstitutional and requires religious organizations to modify or abandon fundamental elements of their faith.
“State agencies have no authority to force Christians and other religious organizations to censor their beliefs simply to serve their communities,” Paxton said in a press release. “Constitutionally protected religious freedom must be respected in Texas and across the country. TDHCA provisions in certain programs that discourage funding for churches and religious organizations must be struck down.”
The Department of Housing did not respond to a request for comment on the lawsuit.
Most affordable housing projects in Texas go through the Texas Department of Housing and Community Development. The agency also distributes state and federal funds to combat homelessness.
Some of the state agency’s programs include: Emergency Solutions Grant Program; the homeless housing and services program; the End Homelessness Fund; the American Rescue Plan HOME; and the Housing Stability Services Program.
Paxton highlighted these elements as well as the Bootstrap loan program in his lawsuit because the rules state that no money can “be used for sectarian or explicitly religious activities such as worship, religious instruction, or proselytizing.”
The lawsuit does not provide examples of cases in which religious organizations were not allowed to receive these dollars, nor does it name anyone who was harmed by this rule.
Last week, Paxton filed a lawsuit against the Texas Higher Education Coordinating Board to end three academic work-study programs that he says unconstitutionally discriminate against religious students.
Paxton — who is running to unseat U.S. Sen. John Cornyn — said he will repeal all Texas provisions that “undermine religious freedom” and affect funding opportunities based on religious views.
