Could a South Carolina county recreation commission donate tax funds to a YMCA in 1995?

Official title

Asking whether the Newberry County Recreation Commission could donate Newberry County tax dollars to religious groups such as the Y.M.C.A.

Requester

The Honorable Dave C. Waldrop, Jr., Member of House of Representatives

Plain-English summary

A short 1995 South Carolina Attorney General letter said a county recreation commission could not donate county tax dollars to a religious organization such as the YMCA. It reaffirmed an earlier AG opinion concerning public funds for a YMCA building fund and said that conclusion remained valid. A footnote identified Article X, Section 11 of the state constitution as the relevant provision.

The inquiry was about a donation of tax funds to a sectarian organization. The letter did not analyze a contract for services, a grant with different conditions, or the status of every organization bearing the YMCA name. Its historical conclusion should be read in that narrow setting.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What did the 1995 letter say about a recreation commission's donation to a YMCA? A: It said public funds donated to a sectarian or religious organization were constitutionally impermissible and reaffirmed an earlier opinion about a YMCA building fund.

Q: Did the letter review a county contract to buy recreation services? A: No. It answered a question about donating tax dollars; it did not evaluate a services contract or any other payment structure.

Background and statutory framework

A legislator asked whether Newberry County recreation tax dollars could be donated to religious groups. The letter relied on a prior 1975 AG opinion and identified the state constitutional provision relevant to the use of public funds.

Citations and references

• South Carolina Constitution, Article X, Section 11
• South Carolina AG opinion dated February 10, 1975

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-22-1995-4/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/1995sept22waldrop.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATIORNEY GENERAL

September 22, 1995

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The Honorable Dave C. Waldrop, Jr.
Member, House of Representatives
Post Office Box 813
Newberry, South Carolina 29108
RE: Informal Opinion
Dear Representative Waldrop:
Thank you for your letter of May 22, 1995, to Attorney General Condon, which this Office received on September 21. You had asked whether the Newberry County Recreation Commission could donate Newberry County tax dollars to religious groups such as a Y. M. C. A. This Office has advised previously, by an opinion dated February 10, 1975, that the use of public funds for a building fund of a Y. M. C. A. would be violative of the Constitution of the State of South Carolina. 1 (A copy of the opinion is enclosed.) I am of the opinion that the conclusion expressed in the enclosed opinion is still valid; the donation of public funds to a sectarian or religious organization would be constitutionally impermissible. This letter is an informal opinion only. It has been written by a designated Senior Assistant Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion.

1

While the opinion does not state the specific constitutional section which would prohibit such use of public funds, that section would now be Article X, Section 11. RE\IBf-RT

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POST OFFICE Box 11549

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COLUMBIA. S,C. 29211-1549

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TELEPHONE:

803-734-3970

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FACSIMILE: 803-253-6283

The Honorable Dave C. Waldrop, Jr.
Page 2
September 22, 1995
With kindest regards, I am
Sincerely,
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Patricia D. Petway
Senior Assistant Attorney General
Enclosure