Texas Seminaries Pursuing Freedom from State Control
by Jim Brown
January 12, 2005
(AgapePress) - The Texas Supreme Court has heard oral arguments in a landmark religious liberty case that will determine whether seminaries will be regulated by the state. Under current Texas law, seminaries cannot issue degrees unless the state government approves their curriculum, professors, and board.Tyndale Seminary was recently fined $173,000 recently for issuing theological degrees without a license from the Government of Texas. In response, Tyndale and two other seminaries filed a lawsuit against the state for violating the both Texas Constitution and the Constitution of the United States. (See earlier story)
Liberty Legal Institute (LLI) chief counsel Kelly Shackelford has been representing Tyndale Seminary before the Texas Supreme Court in the case. He says it is "absurd" for the government to be telling churches and other religious institutions how to train pastors.
Shackelford notes, for example, that according to one of the government regulations, "the state tells you who your faculty can be at the seminary, and one of the requirements is that your faculty has to at least have a master's degree. That would mean, for instance, that Billy Graham -- who does not have an earned master's degree -- is prohibited from teaching evangelism in any seminary in the State of Texas."
While Tyndale is suing, along with Hispanic Bible Institute of San Antonio and Southern Bible Institute in Dallas, for freedom from state control over seminaries' theological training programs and policies, the LLI spokesman feels there is even more at stake than institutional autonomy. He says the outcome of the case could have much farther-reaching implications.
"These are federal constitutional claims that are brought," Shackelford points out, "and if what's being attempted [in Texas] is allowed under the federal constitution, then you're going to see other states saying, 'Hey, I didn't know we could use this kind of power.'"
The religious freedom defender and litigation expert says if the Texas high court upholds the state's authority over the seminaries, other U.S. states may follow suit. His concern, he adds, is that some state government officials will start thinking, "We can actually control all the seminaries and all the churches, and essentially, we will control all of the future religious leaders because we control the training of pastors and future religious leaders through the seminaries."
Nevertheless Shackelford remains hopeful and notes that, while arguing the case, he felt the Texas Supreme Court was sensitive to the religious freedom issue. He says Liberty Legal Institute is expecting a ruling on the matter by this summer.
