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Texas “Protect Religious Freedom” Amendment (2015)
| Not on Ballot |
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| This measure was not put on an election ballot |
The Texas “Protect Religious Freedom” Amendment was not on the November 3, 2015 ballot in Texas as a legislatively referred constitutional amendment. The measure, upon voter approval, would have prohibited the government from burdening an individual’s or organization’s freedom to act or refuse to act in a manner motivated by "a sincerely held religious belief," unless the government can prove that the burden is to further compelling government interests and is the least restrictive means of furthering that interest.[1]
The measure was introduced into the Texas Legislature by Sen. Donna Campbell (R-25) as Senate Joint Resolution 10.[2]
Text of measure
Ballot title
The proposed ballot title was:[1]
| “ | The constitutional amendment relating to an individual’s or religious organization’s freedom of religion.[3] | ” |
Constitutional changes
- See also: Article 1, Texas Constitution
The proposed amendment would have amended Section 6 of Article 1 of the Texas Constitution. The following underlined text would have been added by the proposed measure's approval:[1]
(a) All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship.
(b) Government may not burden an individual’s or religious organization’s freedom of religion or right to act or refuse to act in a manner motivated by a sincerely held religious belief unless the government proves that the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. For purposes of this subsection, the term "burden" includes indirect burdens such as withholding benefits, assessing penalties, and denying access to facilities or programs.
(c) But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.[3]
Support
The measure was introduced into the legislature by Sen. Donna Campbell (R-25).[2] She introduced a similar bill into the legislature in 2012.[4]
Supporters
- Texas Values[5]
Arguments
Sen. Donna Campbell (R-25) wrote an opinion-editorial in the San Antonio Express-News supporting the amendment. She wrote:
| “ | The right to act in accordance with our faith is not a privilege to be revoked or an antiquated notion to be dismissed based on popular culture. It is a sacred right that lies at the very heart of what makes America the most diverse, charitable and prosperous nation on Earth.
And yet faith is under attack. Recently, city of Houston attorneys had the audacity to subpoena the sermons of pastors who spoke about same-sex marriage and gender identity, and Hobby Lobby’s owners spent enormous sums to fight all the way to the Supreme Court to prevent the government from forcing them to act contrary to their religious beliefs. It is unacceptable for government at any level to coerce citizens into surrendering their constitutional rights in order to run a family business. The right to practice one’s faith does not stop at the doors of our churches and synagogues but extends into the public square, our homes and our businesses. I authored Senate Joint Resolution 10 to ensure religious freedom is protected in Texas — not just in state law but as an amendment to our state constitution. While critics have tried to paint this as controversial or discriminatory, SJR 10 is in line with bipartisan legislation passed in 20 other states. Texans deserve an equal level of protection... No one should face discrimination based on religious background, and no one should be forced to actively participate in an event that violates his or her faith. Certainly, no American should lose his or her home, business and life savings for simply opting out of an event — as has happened to wedding photographers, florists and other small-business owners across the country. More than 86 percent of businesses in Texas are small and family-owned firms operated by people of many diverse faiths and backgrounds. These small businesses represent the driving engine of our economy. It is in our best economic interest to protect them from government actions that would make them the target of costly and frivolous lawsuits based solely on their religious beliefs. History has shown that societies with the most freedom enjoy the most prosperity. Diversity and tolerance are a result of freedom, and freedom of religion is an incredible force for good that has produced in America a diverse and tolerant society. We should be wary of those willing to sell our principles of individual liberty and traditional family values down the river for an unattainable level of political correctness. Texans are well served having their religious freedom protected. Our devotion to faith and freedom has allowed our nation to fulfill its promise as a shining city upon a hill and to be a beacon of hope for people of all faiths. By enacting SJR 10, we can protect that diversity and prosperity for generations to come.[3] |
” |
| —Sen. Donna Campbell[6] | ||
Other arguments in support of the amendment included:
- Jonathan Saenz, President of Texas Values, said, "We've seen more and more attacks on people's religious freedoms and we've seen it coming from people that are in government power. That is a real threat that exists today."[5]
Opposition
Some LGBT equality advocates referred to the amendment as a "license to discriminate." Jorge Rodriguez-Jimenez, in an op-ed in The Advocate, said the measure "would allow business owners and services to refuse to serve LGBT customers if doing so would violate their religious beliefs."[7]
Similar proposed constitutional amendments have drawn criticism from some "traditional religious groups," according to Sen. Leticia Van de Putte (D-26), in the Texas Legislature. For example, some worry the amendment could be construed to protect the Westboro Baptist Church's protests at military funerals. Joe Pojman, Executive Director of the Texas Alliance for Life, even expressed caution about the amendment. He said, "We do not oppose the concept of a religious freedom amendment. Rather, we are concerned that a future court could misconstrue the expansive language... our concern is that abortion will become a religious right."
Path to the ballot
- See also: Amending the Texas Constitution
The proposed constitutional amendment was filed by Sen. Donna Campbell (R-25) as Senate Joint Resolution 10 on November 10, 2014.[2] A two-thirds vote in both chambers of the Texas State Legislature was required to refer this amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Texas Legislature, "SJR No. 10," accessed November 13, 2014
- ↑ 2.0 2.1 2.2 Texas Legislature, "SJR No. 10 History," accessed November 13, 2014
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Lone Star Q, "Proposal could enshrine “license to discriminate” in Texas Constitution," November 10, 2014
- ↑ 5.0 5.1 KVUE, "Texas Capitol prepares for renewed battle over marriage," November 25, 2014
- ↑ San Antonio Express-News, "COMMENTARYAmendment promotes religious freedom and diverse Texas," May 16, 2015
- ↑ The Advocate, "Texas Senator Proposes Another 'License to Discriminate' Bill," November 11, 2014
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