Supreme Court
Perez v. City of San Antonio
- Case number: 24-0714
- Legal category: Constitutional Law
- Subtype: Religion Clauses
- Set for oral argument: December 4, 2024
Case Summary
This certified question concerns Article I, Section 6-a of the Texas Constitution, which prohibits the state of Texas and its political subdivisions from prohibiting or limiting religious services.
The City of San Antonio’s plans to improve Brackenridge Park require the City to temporarily close the Lambert Beach area of the park. Plaintiffs Gary Perez and Matilde Torres—who are members of the Native American Church and consider the Lambert Beach area a sacred place—sued the City, alleging that the City’s planned changes to and temporary closure of Lambert Beach violate Section 6-a. The district court denied plaintiffs’ request for access to the Lambert Beach area for individual worship and their request to minimize tree removal.
The Fifth Circuit seeks guidance from the Supreme Court regarding the scope of Section 6-a. The City argues that the changes aim to promote safety and public health, while plaintiffs contend that Section 6-a does not even allow the City to try to satisfy strict scrutiny. The Fifth Circuit certified the following question to the Texas Supreme Court:
Does the “Religious Service Protections” provision of the Constitution of the State of Texas—as expressed in Article 1, Section 6-a—impose a categorical bar on any limitation of any religious service, regardless of the sort of limitation and the government’s interest in that limitation?
The Court accepted the certified question.
Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case.