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Texas AG says local COVID-19 orders don't apply to private religious schools

Texas Attorney General Ken Paxton
FILE / Courtney Sacco/Caller-Times via USA Today Network

AUSTIN (Talk1370.com) -- Texas Attorney General Ken Paxton is stepping into the issue of whether local public health orders apply to private religious schools.

Paxton issued a guidance letter to private schools across the state Friday, as several counties across the state - including Travis County - have issued health orders in an effort to keep schools closed into early September.


According to the letter, local public health orders that attempt to restrict re-openings of private religious schools violate both the United States and the Texas Constitutions, as well as the Texas Religious Freedom Restoration Act.

Paxton goes on to say that any restrictions on reopening of religious private schools or institutions is inconsistent with Gov. Greg Abbott's executive orders, and are therefore invalid.

"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 statement. "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."