HEB Ministries, Inc. v. Texas Higher Education Coordinating Board
Texas Supreme Court
235 S.W.3d 627 (2007)
- Written by Jennifer Flinn, JD
Facts
Texas state law prohibited postsecondary schools and institutions of higher education from using specific terminology, such as “seminary,” without a certificate of authority from the Texas Higher Education Coordinating Board (the board) (defendant). State law also prohibited an institution from granting any type of degree without a certificate of authority from the board. To obtain a certificate of authority, the institution had to meet 21 specific standards adopted by the board. An institution was exempt from these requirements if it was accredited by certain accrediting agencies recognized by the board. These laws, which applied equally to religious and secular institutions, were an attempt to protect students from fraudulent organizations and diploma mills. HEB Ministries, Inc. (plaintiff), a church, operated the Tyndale Theological Seminary and Bible Institute (Tyndale), a postsecondary institution that offered a religious education to prepare students for ministry. Tyndale offered diplomas in religious subjects only. Tyndale did not offer degrees but did refer to Tyndale diplomas as a “bachelor-equivalent program.” Tyndale was not accredited by any accrediting agency recognized by the board. The board found Tyndale to be in violation of state law by granting degrees and using the term “seminary” without the appropriate certificate of authority, and the board assessed a penalty against Tyndale of $173,000. HEB Ministries filed a lawsuit against the board, seeking a declaratory judgment that state law requiring a certificate of authority from the board as applied to Tyndale violated the Free Exercise and Establishment Clauses of the Constitution. The trial court ruled that regulation of the word “seminary” violated the First Amendment but otherwise granted summary judgment in favor of the board. HEB Ministries appealed, and the appellate court ruled in favor of the board on all claims. The Texas Supreme Court granted HEB Ministries’ petition for review.
Rule of Law
Issue
Holding and Reasoning (Hecht, J.)
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