The Supreme Court of Texas (SCOTX) has issued an opinion covering the scope of the Texas Religious Services Clause and the extent to which it applies to governmental actions that directly prohibit or limit religious services.
In 2023, members of the Lipan-Apache Native American Church sued the City of San Antonio, alleging that its actions have hindered their ability to perform religious ceremonies. Gary Perez and Matilde Torres were the two individuals who brought the case, presenting the justices with questions concerning religious practices and claiming that the city’s plans to develop Brackenridge Park interfered with their ability to carry out religious ceremonies.
The case was first taken up in district court, then appealed to the U.S. 5th Circuit Court of Appeals, which concluded that the plaintiffs failed to demonstrate a likelihood of success on their claims under federal or state law. It was then sent to SCOTX to address unresolved issues under the Texas Constitution, which protects religious services from government interference.
