An Austin group that does not require its members to believe in a supreme being won another round Friday in its legal fight to be recognized by the state as a religious organization.
The Texas Supreme Court refused to consider state Comptroller Carole Keeton Strayhorn's appeal to bar the Ethical Society of Austin from qualifying for property and sales tax exemptions for religious groups.
But rather than accept defeat from the state's highest civil court, Strayhorn vowed to press on to the U.S. Supreme Court.
"Groups like the Ethical Society of Austin are not religiously based," she said. "This fight is about more than one organization trying to avoid paying their fair share. It's about protecting the groups in Texas who truly deserve to be tax exempt."
As is customary, the Texas court did not issue an opinion supporting its decision to not consider the case. Trial and lower appeals courts have ruled against Strayhorn.
The group's latest victory is largely symbolic, but one of its lawyers says it is important for freedom of religion.
The group owns no property and pays little in state taxes. As of Friday it was listed as a corporation in "good standing" with Strayhorn's office.
"The case reaffirms that religious protection in the United States extends not just to large, well-recognized religions but to people of all faith," said Pete Kennedy, who represented the Ethical Society for the American Civil Liberties Union.
But Strayhorn said granting the group religious status will prompt "any wannabe cult who dresses up and parades down Sixth Street on Halloween" to apply.
The case began in June 1997 when the Ethical Society was granted tax-exempt status by former Comptroller John Sharp. A day later Sharp said it was improperly granted and revoked the status.
The Ethical Society of Austin describes itself as "a humanistic religious organization" whose goal is to search for the good in human life.