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Constitutional Law Keyed to Choper
Texas Monthly, Inc. v. Bullock
Citation:
489 U.S. 1 (1989)Facts
From 1984 to 1987, Texas exempted from its sales tax periodicals published or distributed by a religious faith that consisted entirely of writings promulgating the teaching of the faith, along with books consisting solely of writings sacred to a religious faith. During this period, Texas Monthly, a general interest magazine publisher, was required to collect and remit sales tax on its subscription sales. In 1985, Texas Monthly paid $149,107.74 in sales taxes under protest and sued to recover those payments, arguing that the exemption for religious publications violated the Establishment Clause and the Free Press Clause. The Texas Court of Appeals upheld the exemption, finding that it served the secular purpose of preserving separation between church and state, did not have the primary effect of advancing religion, and did not produce excessive government entanglement with religion.
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