Paxton tells Texas religious schools they can make reopening decisions

Religious private schools in Texas may make their own decisions on reopening for in-person instruction, Attorney General Ken Paxton said.

“As the U.S. Supreme Court reaffirmed just last week, there are robust constitutional and statutory protections unique to religious individuals and communities, specifically including religious private schools,” Paxton said in a letter to religious private schools in Texas. “In accordance with the protections granted by the First Amendment and Texas law, this guidance allows religious private schools to determine for themselves when to reopen free from any government mandate or interference.”

Paxton said some local public health officials have begun to restrict or limit private and public schools on in-person classroom instruction. This prompted him to issue his letter.

Cities and counties must follow the governor’s orders and the attorney general’s guidance, Paxton said. Local authorities must yield in their orders if they are inconsistent with them.

“Under the Governor’s orders, local governments are prohibited from closing religious institutions or dictating mitigation strategies to those institutions. Local governments are similarly prohibited from issuing blanket orders closing religious private schools,” Paxton said in his letter.

Any local order attempting to close a religious private school or institution is invalid, he said. Any attempt to restrict religious instruction through religious private schools violates the Texas Religious Freedom Restoration Act, the U.S. and Texas Constitutions.

“Thus, as protected by the First Amendment and Texas law, religious private schools may continue to determine when it is safe for their communities to resume in-person instruction free from any government mandate or interference. Religious private schools therefore need not comply with local public health orders to the contrary,” Paxton said in his letter.