State can't restrict seminaries, Texas high court rules

Dallas Morning News ^ | September 1, 2007 | TERRENCE STUTZ

[PAR35]

AUSTIN – The Texas Supreme Court ruled Friday that state higher education officials have no authority over seminaries in Texas, ending several years of litigation over state efforts to restrict the operations of three seminaries in Dallas, Fort Worth and San Antonio.

The high court said the Texas Higher Education Coordinating Board violated the constitutional rights of the institutions by preventing them from issuing degrees in theology and calling themselves seminaries.

Writing for the court, Justice Nathan Hecht said state education requirements affecting the institutions "impermissibly intrude" upon religious freedom protected by the U.S. and Texas constitutions.

[PAR35]

The state had prohibited one seminary from issuing degrees and fined it $173K. They later acted against two other seminaries.

[NYer]

Things to come bump!

[NYer]

Things to come bump!

[tioga]

Woa! Good ruling. What were they thinking?

[Salvation]

**the Texas Higher Education Coordinating Board violated the constitutional rights of the institutions by preventing them from issuing degrees in theology and calling themselves seminaries.**

Why would they even want to do something like this?

Unless it is taking money away from the state. OOoooooo.

[Salvation]

Let’s hope they don’t turn the Thomas More Law Center loose with them! But then, maybe it would be a good thing to make and example of the goofed up state ruling.

[TruthConquers]

“...Texas Higher Education Coordinating Board violated the constitutional rights ...”

All you need to know about Education Boards. Power grabs whenever they can. Glad they did not get away with it.

[blue-duncan]

We are fighting the same battle here in Connecticut. I represent a large independent Fundamentalist Baptist Church with a well known seminary within the movement. The State graciously offered to send in representatives from liberal denominations and from Yale’s Berkley Divinity School to review the professors and curriculum. We equally graciously declined and pointed out the free exercise clauses in the U.S. and Connecticut Constitutions. The Dept. of Higher Ed. promptly went to the legislature to increase the daily penalties for not bowing to them. Our problem is we have two high powered homosexual legislators on the judiciary committee who call the shots concerning any legislation having to do with religion. They especially have axes to grind with the Roman Catholic Church and it carries over.

[PAR35]

Unless it is taking money away from the state.

It isn't about money, it's about control.

[PAR35]

I wouldn’t expect Ct. to have much respect for the Tx Sup Ct, but at least you have a case solidly on point now.

[blue-duncan]

We have precedents for our position from Michigan and Virginia but it does not make much difference to the Higher Ed. Commission or the Attorney General. Most of the religious organizations in the State have registered their seminaries so the State can’t see why we won’t.

[Coleus]

they may be diploma mills.

[Cvengr]

From the article:

The coordinating board initially took action against Tyndale Theological Seminary in Fort Worth in 1998, ordering the conservative nondenominational school to quit issuing degrees and stop calling itself a seminary because it had not been accredited by the state nor had its curriculum and professors approved by the state.

The school also was fined $173,000 for operating in violation of Texas education laws, prompting HEB Ministries Inc. – a church that oversees the seminary – to file suit against the state in 1999.

Two other seminaries that faced similar restrictions – the Southern Bible Institute in Dallas and the Hispanic Bible Institute in San Antonio – joined the suit later.

[nickcarraway]

pointed out the free exercise clauses

My, you are old-fashioned. Didn't you know those clauses have been retroactively change to the exact opposite. It's called, "separation of Church and State," and it means only the state religion is allowed to be free.

[joebuck]

Interesting the people who scream “separation of Church and State” loudest are the ones most eager to regulate and tax the Church they want to be separated from. It appears to be a one-way street. It more resembles “subjugation of Church by State.”