Florida AG Argues State's Ban on Religious Funding Violates First Amendment

Attorney General James Uthmeier says he won't enforce part of the state constitution that prohibits government dollars for churches and religious groups.

Apr. 6, 2026 at 4:50pm

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A dimly lit, cinematic government office space with empty desks and chairs, the warm sunlight streaming in through the windows and casting deep shadows, conveying a sense of quiet contemplation around the complex relationship between religion and the state.Florida's top law enforcement official takes a controversial stance on the separation of church and state, setting the stage for a legal battle over the boundaries of religious freedom.Today in Miami

Florida Attorney General James Uthmeier has announced that he will not enforce a provision in the state constitution that bans government funding for churches and other religious organizations, arguing that it violates the First Amendment's protections for religious freedom.

Why it matters

This decision by the Florida AG could open the door for increased public funding of religious institutions in the state, a move that has long been opposed by advocates for separation of church and state. It also sets up a potential legal battle over the boundaries between religious freedom and the establishment clause.

The details

Uthmeier contends that the Florida constitution's prohibition on using state funds for religious purposes is unconstitutional and that he will not defend it in court. He argues that the First Amendment's free exercise clause requires the government to provide religious organizations with the same access to public programs and funds that it provides to secular groups.

  • Uthmeier announced his decision on April 6, 2026.

The players

James Uthmeier

The Attorney General of Florida who has decided not to enforce the state constitution's ban on government funding for religious groups.

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What they’re saying

“The Florida Constitution's prohibition on using state funds for religious purposes is unconstitutional, and I will not defend it in court.”

— James Uthmeier, Florida Attorney General

What’s next

Legal challenges to Uthmeier's decision are expected from civil liberties groups who argue it violates the separation of church and state.

The takeaway

This move by the Florida AG sets up a potential showdown over the boundaries of religious freedom and the Establishment Clause, with significant implications for the future of public funding for religious institutions in the state.