Proposed Cooperative Agreement for the Administration of the San Antonio Missions National Historical ParkCooperative Agreement • December 3rd, 2020 • Texas
Contract Type FiledDecember 3rd, 2020 JurisdictionIn summary, the cooperative agreement between the Secretary and the Arch bishop for the administration of the San Antonio Missions as part of the Park does not present such an “appreciable risk” of advancing religion or involving the government in an impermissible relationship with the church that it may not be executed. See Committeefor Public Education v. Regan, supra, 444 U.S. at 662. We emphasize, however, that while we do not believe the agreement on its face violates the Establishment Clause, the constitutionality of any given church-state relationship depends to some extent on its own particular facts. We therefore cannot know in advance whether specific Establishment Clause problems will arise in connection with the implementation and administration of the agreement. We expect, though, that appropriate precautionary measures can be devised by the Secretary and the National Park Service to minimize the likelihood of such problems occurring.