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Texas Proposition 3, Prohibition on Limiting Religious Services or Organizations Amendment (2021)
Texas Proposition 3 | |
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Election date November 2, 2021 | |
Topic Religion | |
Status![]() | |
Type Constitutional amendment | Origin State legislature |
Texas Proposition 3, the Prohibition on Limiting Religious Services or Organizations Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 2, 2021. It was approved.[1]
A "yes" vote supported amending the state constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations. |
A "no" vote opposed amending the state constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations. |
Election results
Texas Proposition 3 |
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Result | Votes | Percentage | ||
925,447 | 62.42% | |||
No | 557,093 | 37.58% |
Overview
What did Proposition 3 do?
- See also: Text of measure
Proposition 3 amended Article 1 of the state constitution by adding a new section to the Texas Constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations.
At the time of the election, sections 4, 5, 6, and 7 of Article 1 concerned the relationship between the state and religion. Section 4 prohibited religious tests to hold political office. Section 5 prohibited disqualifying witnesses based on religious beliefs. Section 6 recognized the right to worship. Section 7 prohibited appropriating money for the benefit of any sect, or religious society, theological or religious seminary.
Who supported and opposed the amendment?
- See also: Support and Opposition
In the Texas State Senate, the amendment was passed by a vote of 28-2 with one not voting. The two senators that opposed the measure were Democrats. In the Texas House of Representatives, the amendment was approved by a vote of 108-33 with nine not voting or absent. Of the 67 Democratic representatives, 27 voted in favor of the amendment, 33 opposed it, and seven were absent or not voting. All voting Republicans voted in favor of the amendment.[1]
Speaking in support of the amendment, Rep. Scott Sanford (R) said, "Churches provide essential spiritual, mental and physical support in a time of crisis. Closing churches not only eliminated these critical ministries and services, but it violated their religious freedom, guaranteed by our laws and Constitution."[2]
Rep. John Turner (D) said, "I am also a very strong supporter of religious liberty and believe deeply in the importance of faith and also religious services as described here on this floor, and I don’t want any differences about this amendment to obscure that fact. That said, I want to ask you about this amendment. One thing I see here in the language — it says that no rule or law or statute or order, et cetera, may… limit religious services, correct? So, for instance, that would mean there could never be any restrictions on capacity."[3]
At the outset of the coronavirus (COVID-19) pandemic in March and April of 2020, the following counties that encompass the states most populous cities issued executive orders limiting religious service gatherings in response the pandemic: Bexar, Dallas, Denton, El Paso, Harris, Lubbock, Nueces, Tarrant, Travis, and Webb.
In addition to Proposition 3, Texas voters approved another amendment, Proposition 6, which related to policies enacted during the COVID-19 pandemic. It established a right for residents of nursing or assisted living facilities to designate an essential caregiver, who cannot be prohibited from in-person visitation.
Ballotpedia also tracked ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Texas Proposition 3 was the sole measure related to religious service restrictions that was certified for a statewide ballot in 2021. The other measures were related to governors' emergency declarations.
Text of measure
Ballot title
The ballot title was as follows:[4]
“ |
The constitutional amendment to prohibit this state or a political subdivision of this state from prohibiting or limiting religious services of religious organizations.[5] |
” |
Constitutional changes
- See also: Article 1, Texas Constitution
The measure amended Article 1 of the state constitution by adding a new section. The following underlined text was added:[4]
Sec.6-a. This state or a political subdivision of this state may not enact, adopt, or issue a statute, order, proclamation, decision, or rule that prohibits or limits religious services, including religious services conducted in churches, congregations, and places of worship, in this state by a religious organization established to support and serve the propagation of a sincerely held religious belief.[5]
Readability score
- See also: Ballot measure readability scores, 2021
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
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Support
Supporters
Officials
- State Senator Charles Perry (R)
- State Representative Terry Canales (D)
- State Representative Kelly Hancock (R)
- State Representative Jeff Leach (R)
- State Representative Scott Sanford (R)
- State Representative Bryan Slaton (R)
Candidates
- Donald Huffines (R) - Gubernatorial Candidate
Organizations
Arguments
Opposition
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Opponents
Organizations
- Americans United for Separation of Church and State, El Paso Chapter
- Americans United for Separation of Church and State, Houston Chapter
- Progress Texas
Arguments
Campaign finance
If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Media editorials
- See also: 2021 ballot measure media endorsements
Ballotpedia identified the following media editorial boards as taking positions on Proposition 3.
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Opposition
Background
House Bill 525 (2021)
During the 2021 regular legislative session, the Texas State Legislature passed and Governor Greg Abbott (R) signed House Bill 525 (HB 525), which was designed to designate religious organizations as essential businesses and prohibit government entities from "prohibit a religious organization from engaging in religious and other related activities or continuing to operate in the discharge of the organization’s foundational faith-based mission and purpose" during a declared state of emergency. In its final passage, it passed the House by a vote of 125-10 with 15 not voting or absent, and it passed the Senate by a vote of 27-3 with one absent.[6]
Texas statewide essential services and activities protocols order
On March 19, 2020, Governor Greg Abbott (R) issued an executive order requiring that Texans minimize social gatherings exceeding 10 people; avoid visiting bars, restaurants, and gyms; prohibit visitors at nursing facilities; and temporarily close schools. On March 31, 2020, Governor Greg Abbott (R) amended his order to change the definition of essential services. "Essential services" were defined as "everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, plus religious services conducted in churches, congregations, and houses of worship." Governor Abbott also stated that if religious services could not be conducted from home or through remote services they could be conducted in person following the guidelines of the Center for Disease Control. On April 21, 2020, Governor Abbott and Attorney General Ken Paxton (R) issued joint guidance around religious services during the coronavirus pandemic. [7][8]
The executive order can be read here.
The additional guidelines can be read here.
The following table lists the counties of Texas' most populous cities that issued executive orders during the outset of the coronavirus pandemic in March 2020 that related to religious services and social gatherings:
County | Link to executive order | Restriction |
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Bexar | Executive order | "Religious and worship services may only be provided by video, teleconference or other remote measures." |
Dallas | Executive order | "Religious and worship services may only be provided by video and teleconference. Religious institutions must limit in-person staff to ten (10) people or less when preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines including the six feet social distancing." |
Denton | Executive order | "Religious and worship services may only be provided by video and teleconference. All individuals must follow the Social Distancing Guidelines as set forth by the
CDC, including the six-foot social distancing." |
El Paso | Executive order | "Travel by church staff/clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel." |
Harris | Executive order | "Faith leaders may minister and counsel in individual settings, so long as social distance protocols are followed. Religious and worship services may only be provided by video and teleconference. Religious institutions must limit in-person staff to those necessary for preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines, including the six-foot social distancing." |
Lubbock | Executive order | "All public and private gatherings of any number of people occurring outside of a single household are hereby prohibited, except as otherwise provided in this Declaration." |
Nueces | Executive order | "Religious and worship services may be provided by video and teleconference. Institutions must limit in-person staff to 10 people or less in the same room when preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines (including the social distancing guideline of six (6) feet)." |
Tarrant | Executive order | "No in-person worship services are permitted. Needed staff can attend to produce audio/video or conduct services for transmission. ... Travel by church staff or clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel" |
Travis | Executive order | "Travel by church staff/clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel." |
Webb | Executive order | "Religious and worship services may be provided by video and teleconference. Institutions must limit in-person staff or volunteers to 10 people or less in the same room when preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines." |
Nevada
On July 24, 2020, the U.S. Supreme Court rejected a request by a Nevada church for permission to hold in-person services in excess of COVID-19 capacity limits imposed by Gov. Steve Sisolak (D). The church, in its emergency application to the justices, sought an injunction pending appellate review that would bar enforcement of Directive 021, which would “allow the church to host religious gatherings on the same terms as comparable secular assemblies.” At issue in the case was the church’s argument that the capacity limit violated the Free Exercise Clause of the First Amendment in that it “treats at least seven categories of secular assemblies 'where large groups of people gather in close proximity for extended periods of time' better than religious services." The directive, which imposed a 50% fire-code capacity limit on places of business, such as casinos, restaurants, and movie theaters, limited gatherings at places of worship to a 50-person maximum. The court, in a 5-4 split, rejected the request. The majority made no comment, a common practice when acting on emergency applications. In a dissent, Justice Samuel Alito wrote that the state's argument that "allowing Calvary Chapel to admit 90 worshippers presents a greater public health risk than allowing casinos to operate at 50% capacity is hard to swallow." Justices Clarence Thomas and Brett Kavanaugh joined Alito's dissent. Justice Neil Gorsuch and Kavanaugh each wrote separate dissents.[9]
California
South Bay United Pentecostal Church, et al. v. Newsom: On May 29, 2020, the United States Supreme Court rejected a challenge to California's religious gathering limits, which order attendance in churches or places of worship to a maximum of 25% or 100 attendees. The 5-4 decision was joined by Chief Justice Roberts who warned against intervening in emergencies: "Where those broad limits are not exceeded, they should not be subject to second-guessing by an 'unelected federal judiciary,' which lacks the background, competence, and expertise to assess public health and is not accountable to the people." Justice Kavanaugh joined the remaining three Republican-appointed justices in dissenting from the ruling, arguing that the California limits "indisputably discriminates against religion."[10]
Ballotpedia is tracking ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide. Click here to see a full list of measures on the ballot related to coronavirus-related regulations.
Texas Proposition 6, Right to Designated Essential Caregiver Amendment (2021)
At the November 2021 election, Texas voters decided on a constitutional amendment to establish a right for residents of nursing or assisted living facilities to designate an essential caregiver, who cannot be prohibited from in-person visitation. The amendment was introduced in response to restrictions put in place in March 2020 as a response to the coronavirus pandemic. State Sen. Lois Kolkhorst (R) wrote in the amendment's "Statement of Intent" that "these restrictions had a significant impact on the physical and mental well-being of many residents, especially those with memory or cognitive challenges."[11]
Referred amendments on the ballot
- See also: List of Texas ballot measures
The following statistics are based on ballot measures between 1995 and 2020 in Texas:
- Ballots featured 169 constitutional amendments.
- An average of 13 measures appeared on odd-year statewide ballots.
- The number of ballot measures on odd-year statewide ballots ranged from 7 to 22.
- Voters approved 91% (154 of 169) and rejected 9% (15 of 169) of the constitutional amendments.
Legislatively-referred constitutional amendments, 1995-2020 | |||||||||
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Total number | Approved | Percent approved | Defeated | Percent defeated | Odd-year average | Odd-year median | Odd-year minimum | Odd-year maximum | |
169 | 154 | 91.1% | 15 | 8.9% | 12.8 | 11 | 7 | 22 |
During the 2021 regular and first special legislative sessions, 251 constitutional amendments were filed in the Texas State Legislature. In the regular session, legislators filed 218 amendments, and in the first special session, legislators filed 33 amendments. Between 2009 and 2020, an average of 192 constitutional amendments were filed during regular legislative sessions. The state legislature approved an average of nine constitutional amendments during regular legislative sessions. Therefore, the average rate of certification during regular legislative sessions was 4.7%. In 2021, eight of the 218 proposed constitutional amendments were certified for the ballot during the regular session, meaning the rate of certification was 3.7%, down from 4.6% in 2019.
Path to the ballot
- See also: Amending the Texas Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.
This amendment was introduced as Senate Joint Resolution 27 on January 25, 2021. On March 25, 2021, the state Senate passed SJR 27 in a vote of 28-2 with one absent. On May 11, 2021, the House approved the amendment by a vote of 108-33, with nine not voting or absent.[1]
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How to cast a vote
- See also: Voting in Texas
Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.
How to cast a vote in Texas | ||||||
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Poll timesIn Texas, all polling places are open from 7:00 a.m. to 7:00 p.m. local time. Texas is divided between the Central and Mountain time zones. An individual who is in line at the time polls close must be allowed to vote.[12]
Registration
To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[13] The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[14] Automatic registrationTexas does not practice automatic voter registration.[15] Online registration
Texas does not permit online voter registration.[15] Same-day registrationTexas does not allow same-day voter registration.[15] Residency requirementsProspective voters must reside in the county in which they are registering to vote.[16] Verification of citizenshipTexas does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. State law requires election officials to conduct a check of registered voters' citizenship status. Section 18.068 of the Texas Election Code says the following:
In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days.[18] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[19][20] A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”[21] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[22] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirementsTexas requires voters to present photo identification while voting.[23] The following list of accepted ID was current as of February 2023. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.
Identification provided by voters aged 18-69 may be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.[23] Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:[23]
The following voters are exempt from showing photo ID:[23]
Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.[23] |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Texas State Legislature, "SJR 27 Overview," accessed March 26, 2021
- ↑ Texas Tribune, "Texas lawmakers hope to exclude places of worship from emergency closures after COVID-19 pandemic shuttered doors," accessed May 19, 2021
- ↑ The Texan, "Constitutional Amendment to Keep Religious Services Open During Disasters Passes Texas House," accessed May 19, 2021
- ↑ 4.0 4.1 Texas State Legislature, "SJR 27 Text," accessed March 18, 2021
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ Texas State Legislature, "House Bill 525," accessed October 14, 2021
- ↑ Texas.gov, "Executive Order on March 31, 2020," accessed May 14, 2021
- ↑ Texas.gov, "Executive Order on March 19, 2020," accessed June 15, 2021
- ↑ Supreme Court of the United States, "Calvary Chapel Dayton Valley v. Sisolak: On Application for Injunctive Relief," July 24, 2020
- ↑ Politico, "Roberts joins court's liberals to deny California church's lockdown challenge," May 30, 2020
- ↑ Texas State Legislature, "Bill Analysis," accessed June 15, 2021
- ↑ VoteTexas.gov, "Who, What, Where, When, How," accessed February 27, 2023
- ↑ Texas Secretary of State, “Request for Voter Registration Applications,” accessed February 27, 2023
- ↑ Texas Secretary of State, “Voter Registration,” accessed February 27, 2023
- ↑ 15.0 15.1 15.2 NCSL, "State Profiles: Elections," accessed July 28, 2024
- ↑ Texas Secretary of State, "Request for Voter Registration Applications," accessed July 28, 2024
- ↑ Texas Constitution and Statutes, “Election Code,” accessed February 23, 2023
- ↑ The Texas Tribune, “Texas officials flag tens of thousands of voters for citizenship checks,” January 25, 2019
- ↑ The New York Times, “Federal Judge Halts ‘Ham-Handed’ Texas Voter Purge,” February 28, 2019
- ↑ The New York Times, “Texas Ends Review That Questioned Citizenship of Almost 100,000 Voters,” April 26, 2019
- ↑ Texas Secretary of State, “Secretary Whitley Announces Settlement In Litigation On Voter Registration List Maintenance Activity,” April 26, 2019
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 23.0 23.1 23.2 23.3 23.4 Texas Secretary of State, "Required Identification for Voting in Person," accessed February 27, 2023 Cite error: Invalid
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