Doesn’t have a prayer?

The State Attorney General Greg Abbott has intervened at a Kountze ISD high school which caused a firestorm when the cheerleaders began unfurling banners at football games that had Biblical verses printed on them.  After the Freedom from Religion Foundation in Wisconsin threatened a lawsuit, the school ordered the cheerleaders to cease.  The Attorney General’s office then questioned whether the school was properly enforcing the separation of church and state which ensures that governments are not establishing or favoring religion.  While government cannot favor religion, it also cannot interfere with an individual’s free exercise rights—including that of religious speech (expressions about faith that are constitutionally protected).  The U.S. Supreme Court looked at a similar Texas case in Doe v. Santa Fe School District (2000) and struck down the reading of prayers at public high school football games because it had the effect of establishing religion. The High Court used the coercion test to question whether the readings coerced students into hearing religious messages.  Even though the prayer was student-initiated (led by students rather than the school authorities), the concern was that such prayers forced students whose attendance was mandatory (e.g. football players, the band, and cheerleaders) to receive religious messages they could not escape. A preliminary hearing will be held this week to determine whether the cheerleaders’ can continue.

And speaking of trying to escape, during the U.S. Senate primary elections (held by each party to nominate their party’s candidate for the November 6 elections), Ted Cruz hammered David Dewhurst about his unwillingness to schedule public debates.  Cruz went on to win the Republic primary nomination in a surprise upset, and he now faces Paul Sadler (the Democratic nominee) in the general election.  Only now Cruz is on the receiving end of criticism because he has agreed to only two debates, rather than the three which Sadler requested.  Such debates are important for Sadler because of his trailing public opinion polls, and the advantage Cruz has because the Senate race is considered a safe seat (where one candidate has an advantage because the voting population is dominated by the candidate’s party). It is unlikely Cruz will agree to more debates because typically candidates holding such an advantage have little incentive to do so.

Texas Round-Up

Today we begin doing summaries of the hottest topics in Texas politics, so you will want to check these out because they will appear on the current events quiz.

*The city of Austin long known for having left of center views passed legislation that supports endorses same-sex marriage.

*The U.S. Supreme Court will revisit the University of Texas’ affirmative action policy for admissions even though it seemed like the issue had been settled in 2003.

Far from a Photo Finish

Former state Solicitor General and Tea Party member Ted Cruz brought down long-time Republican and Lt. Governor David Dewhurst in a 55-45% victory July 31.  Dewhurst was the presumptive nominee after the May 29^th Republican primary when he received 44.6% of the vote and Cruz received 34.2% of the vote (seven other candidates divided the remainder).  Texas requires a primary runoff—an election after the regular primary—because no one candidate received a majority vote (50% plus). Primaries and runoffs are held prior to the general election when the parties (typically Democrat and Republican) put forward their candidates who run in the general election.

The U.S. Senate seat Cruz is seeking was previously held by Kay Bailey Hutchison who retired after she lost her bid to unseat Governor Rick Perry in the 2010 gubernatorial election.  This left an open seat (a position in which the person who has held the job—the incumbent—is not running). When someone like Hutchison retires, such open seats can lead to high profile races.

The election was closely watched because of the Tea Party’s involvement—a movement within the Republican party which supports very conservative fiscal and social policies. Its protests and support of political candidates since 2009 has steadily increased, and the Cruz victory is one of a growing trend of Tea Party success stories.  Consider the state Senate race between incumbent Jeff Wentworth (R-San Antonio) who held his state Senate seat for 19 years before challenger Dr. Donna Campbell, a political newcomer backed by the Tea Party, beat him in the July runoff by a 2-1 margin.  It was thought Wentworth would enjoy an incumbency effect—where most politicians are routinely re-elected making it difficult for challengers to win. Instead, Wentworth lost big time.

What is striking about both the Cruz and Campbell victories is that both were challengers, and they were also outspent by their opponents.  Incumbents are re-elected typically because they have a considerable war chest (campaign monies accumulated to run for office).  The Cruz-Dewhurst race cost $45 million making it the most expensive non-presidential race in the country.  Cruz and Dewhurst each raised over $8 million, with Dewhurst spending another $19 million of his own money.

Campbell now faces Democrat John Courage in the November election, but she is expected to win easily because Texas is solidly Republican.  Cruz now faces Democrat Paul Sadler in the November general election, but the U.S. Senate seat is considered a safe seat because the party nominee is the assumed winner given that Texas votes overwhelmingly Republican. Texans have not elected a Democrat to a statewide office since 1994.