Texas AG: Local Governments Cannot Close Christian Schools during Pandemic

Pointing to the U.S. Constitution and state law, Texas Attorney General Ken Paxton last week issued a letter prohibiting local governments from closing private religious schools during the pandemic.

The letter, issued July 17 and addressed to “religious private schools in Texas,” said Paxton “acknowledges the robust constitutional and statutory protections unique to religious individuals and communities at all times.”

Local governments, he said, are prohibited under the governor’s orders from closing Christian and other religious schools during the pandemic.

“Local public health officials have begun to issue orders restricting or limiting in-person instruction in private and public schools,” Paxton wrote. “… Local public health orders issued by cities and counties must be consistent with the Governor’s orders and the Attorney General’s guidance. If local public health orders are inconsistent with these authorities, the local orders must yield.

“Under the Governor’s orders, local governments are prohibited from closing religious institutions or dictating mitigation strategies to those institutions,” he added. “Local governments are similarly prohibited from issuing blanket orders closing religious private schools. Because a local order closing a religious private school or institution is inconsistent with the Governor’s order, any local order is…