Constitutional Challenge, Declaratory Judgments, Injunction, Religious Freedom

Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion

GARY PEREZ AND MATILDE TORRES v. CITY OF SAN ANTONIO, Cause No. 24-0714 (Tex. June 13, 2025). This is a statutory construction/religious freedom case (TxRFRA case on certified question) where the Texas Supreme Court held the 2021 constitutional amendment prohibiting government from
Read More

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Religious Freedom

Third Court of Appeals holds church’s motion for new trial in water rate EDJA case held valid given unique and troubling circumstances in case

City of Magnolia v Magnolia Bible Church, et al., 03-19-00631-CV (Tex. App. – Austin, Dec. 18, 2020) This is an interlocutory appeal from an order granting a new trial and denying a plea to the jurisdiction in a water rate case in
Read More

Declaratory Judgments, Injunction, Official/Qualified Immunity, Religious Freedom, Sec. 1983, Sovereign Immunity

U.S. 5th Circuit adopts 1st Amendment unbridled discretion/prior-restraint standards in federal suit against Texas Governor

Freedom from Religion Foundation, Inc. v. Greg Abbott Governor of the State of Texas, 18-50610, (5th Cir – April 3, 2020) This is a First Amendment case regarding immunity and viewpoint discrimination where the U.S. 5th Circuit adopted a specific prior restraint
Read More

Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Procedure, Religious Freedom, Sec. 1983, TOMA

City immune from claims it misapplied its own ordinances or procedures, but not for TOMA claims

  Peter Schmitz, et al v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, May 10, 2018). This is a substituted opinion. Summary of original opinion found here. This is an appeal from a final judgment against the
Read More

Declaratory Judgments, Religious Freedom, Tax

Neither appraisal district nor religious organization established entitlement to MSJ on tax exemption question regarding elderly housing, so full case remanded says 1st Court of Appeals

National Church Residences of Alief, TX v. Harris County Appraisal District, 01-15-00900-CV (Tex. App- Houston [ 1st Dist.] August 9, 2016) This is a tax exemption case where the First District Court of Appeals reversed the trial court’s order denying a religious
Read More

Constitutional Challenge, Discrimination, Employment Law, Religious Freedom

Policy against preaching Christian beliefs in class is not evidence of religious discrimination says Austin Court of Appeals

Dr. James Jones v. Angelo State University, 03-14-00112-CV (Tex. App. – Austin, December 18, 2015). This is a religious discrimination/failure-to-accommodate in employment dispute where the Austin Court of Appeals affirmed in part and reversed in part the granting of the summary judgment
Read More