Texas Attorney General Ken Paxton has asked the U.S. Supreme Court to step in and halt one of the latest developments in the escalating tension between states over the rights of organizations and businesses to refuse to provide services that would conflict with their religious beliefs. The state is challenging as unconstitutional a California law that prohibits state funds from being used for travel to states with laws deemed discriminatory in the name of religious freedom. The ban currently applies to 11 states. The law was applied to Texas in response to legislation allowing child placement service providers to refuse placement that would conflict with their religious beliefs. Paxton says that the California law amounts to retaliation that is rooted in hostility toward religion. Although the claim does not arise out of the First Amendment, it emphasizes that under the Supreme Court’s ruling in Masterpiece Cakeshop , no government action reflecting animus toward religion is legitimate. Without a legitimate purpose, Paxton argues, the ban violates constitutional provisions guaranteeing an equal economic footing between states. Here are a few excerpts from the introduction of Paxton’s brief in support of his request for an injunction halting enforcement of the law either […]
