Rudd v. Ray

HARRIS, Justice.

This is a taxpayer’s derivative suit challenging the constitutionality of legislation which provides for salaried chaplains and religious facilities at the state penitentiary. The challenge is grounded on both federal and state constitutions. The trial court held the legislation does not offend the federal constitution but does offend the state constitution. Accordingly the trial court enjoined the use of public funds for such purposes. We believe the legislation violates neither constitution. We reverse the trial court and remand for dissolution of the injunction.

The facts…