Texas Attorney General Ken Paxton has launched a new legal challenge against the Texas Higher Education Coordinating Board (THECB), arguing that three state-supported work-study and career-training programs unlawfully restrict participation by students, employers, and organizations with religious affiliations. The lawsuit, filed Wednesday in the 126th District Court of Travis County, targets the Texas College Work-Study Program, the Texas WORKS Internship Program, and the Texas Innovative Adult Career Education (ACE) Grant Program.
Paxton contends that specific rules governing these initiatives impose conditions that violate constitutional protections for religious freedom. According to the filing, each program requires participants to avoid involvement in sectarian activities in order to receive state benefits. Students enrolled in religious seminaries, organizations that incorporate worship or religious instruction into their operations, and employers unable to provide strictly nonsectarian work opportunities are among those restricted under existing guidelines. The attorney general argues that these limitations amount to discrimination against individuals and groups whose educational paths, missions, or job opportunities are inseparable from their faith traditions.
The lawsuit targets the board as an institution as well as individual board members, including Dr. Wynn Rosser, Stacy A. Hock, Welcome W. Wilson Jr., S. Javaid Anwar, Richard L. Clemmer, Emma C. Nevarez, Juan J. Nevarez, Ashlie A. Thomas, Daniel O. Wong, and Lisa D. Cantu. Paxton is not seeking monetary damages but is asking the court to invalidate the contested rules and halt their enforcement.
At the heart of the case is Paxton’s claim that the restrictions conflict with both the U.S. Constitution and the Texas Constitution. He argues that the Free Exercise and Establishment Clauses prohibit the state from excluding religious organizations from public programs on the basis of their beliefs or from conditioning participation on a willingness to separate certain activities from religious expression. The Texas Constitution includes similar protections, and Paxton asserts that the state cannot impose eligibility standards he believes compel students or institutions to modify their religious practices to access public benefits.
The Texas College Work-Study Program provides part-time employment opportunities to financially eligible students attending qualifying colleges and universities. However, its rules bar participation by students enrolled in seminaries and require partner institutions and employers to limit work assignments to nonpartisan and nonsectarian tasks. Paxton argues that these conditions unfairly block students pursuing religious vocations and prevent faith-based organizations from offering otherwise legitimate work opportunities.
The WORKS Internship Program faces a similar challenge. This program links undergraduate students with paid internships but requires participating employers to ensure that all assignments fall outside of any sectarian context. Paxton maintains that this requirement effectively excludes many religious nonprofits, schools, and service organizations whose daily operations are inseparable from their faith-driven missions.
The ACE Grant Program, aimed at helping low-income adult learners pursue higher-earning careers, includes a rule prohibiting grant funds from being used for religious instruction, worship, or proselytization. Paxton argues that this standard imposes an unconstitutional barrier that prevents religiously affiliated training providers from accessing the program.
With the suit now filed, the attorney general is asking the court to declare the rules unconstitutional and to grant injunctive relief preventing their continued enforcement. The case is expected to raise broader questions about how states balance public funding requirements with constitutional protections for religious exercise, particularly in educational and workforce-development settings.
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