He sent a letter to the Alabama Supreme Court asking the justices to weigh in on an answer to that question; one Bentley calls an "important constitutional question."
The letter comes as a couple of lottery bills are pending in the on-going second special session of the Legislature called to try to find solutions to fill a $200 million hole in the state's General Fund Budget.
For years lawyers have been divided on the question Bentley is asking. The state Constitution bans gambling except in a few counties, such as Macon, where bingo was approved by a constitutional amendment years ago.
"Would an amendment of Article IV, section 65 of the Alabama Constitution to grant the Legislature power to authorize only a state operated lottery, result in removal of the existing general ban on gambling or gaming activities in the state and thus, result in legalizing Class III or other casino style gaming in the state with or without further legislative act?," he asked.
Bentley said he is seeking clarification in the event that should the Legislature pass a lottery bill and the public vote yes that those events would not result in opening the state up to casino gambling.
"I'm not really in favor of casino-style gambling. But I have always believed people have a right to vote on any issue and the lottery is probably by far the most popular,” said Bentley.