Texas Individual's Free Exercise of Religion Amendment (2015)
| Not on Ballot |
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| This measure was not put on an election ballot |
The Texas Individual's Free Exercise of Religion 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 state, or any subdivision of the state, and homeowners’ associations from burdening "in any way a person’s free exercise of religion" unless the burden is "necessary to further a compelling governmental interest" and "the least restrictive means of furthering that interest."[1]
The measure was introduced into the Texas Legislature by Rep. Jason Villalba (R-114) as House Joint Resolution 55.[2]
Text of measure
Ballot title
The proposed ballot title was:[1]
| “ | The constitutional amendment relating to a person’s free exercise 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) The state or a county, municipality, or other political subdivision of the state, including a department, agency, or instrumentality of the state or of a political subdivision of the state, may not burden in any way a person’s free exercise of religion unless the burden is:
- (1) necessary to further a compelling governmental interest;and
- (2) the least restrictive means of furthering that interest.
(c) A homeowners’ association may not burden in any way a person’s free exercise of religion unless the burden is:
- (1) necessary to further a compelling quasi-governmental interest of the homeowners’ association; and
- (2) the least restrictive means of furthering that interest.
(d) 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]
Path to the ballot
- See also: Amending the Texas Constitution
The proposed constitutional amendment was filed by Rep. Jason Villalba (R-114) as House Joint Resolution 55 on December 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, "HJR No. 55," accessed January 23, 2015
- ↑ 2.0 2.1 Texas Legislature, "HJR No. 55 History," accessed January 23, 2015
- ↑ 3.0 3.1 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
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