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Texas Constitution:Article I, Section 5: Difference between revisions
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Texas Constitution:Article I, Section 5 (view source)
Revision as of 19:07, July 4, 2023
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{{DISPLAYTITLE:Article I, Section 5 of the Texas Constitution (''<small>"Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | {{DISPLAYTITLE:Article I, Section 5 of the Texas Constitution (''<small>"Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''No person shall be disqualified to give evidence in any of the | '''No person shall be disqualified to give evidence in any of the courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.''' | ||
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In addition, the section prohibits a person from testifying in any state court proceeding unless he or she is "subject to the pains and penalties of perjury." | In addition, the section prohibits a person from testifying in any state court proceeding unless he or she is "subject to the pains and penalties of perjury." | ||
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* ''Santillian v. State'', 182 S.W.2d 812, [https://texaslegalguide.com/images/182_S.W.2d_812.pdf#page=4 815] (Tex.Crim.App. 1944) ("Therefore a child who could never be 'convicted of a crime in any court' is not amenable to the pains and penalties of perjury, and therefore could not testify in any court. If such were true, then the result would be to deny to such child the equal protection of the laws, as guaranteed in the 14th Amendment to the Federal Constitution. If the child were hurt in an accident, with no witness save the child, it would have no protection under the law. Again, on the criminal side, in cases of rape under the age of consent, the female could not be heard to testify, she being not punishable under the law of perjury.") | * ''Santillian v. State'', 182 S.W.2d 812, [https://texaslegalguide.com/images/182_S.W.2d_812.pdf#page=4 815] (Tex.Crim.App. 1944) ("Therefore a child who could never be 'convicted of a crime in any court' is not amenable to the pains and penalties of perjury, and therefore could not testify in any court. If such were true, then the result would be to deny to such child the equal protection of the laws, as guaranteed in the 14th Amendment to the Federal Constitution. If the child were hurt in an accident, with no witness save the child, it would have no protection under the law. Again, on the criminal side, in cases of rape under the age of consent, the female could not be heard to testify, she being not punishable under the law of perjury.") | ||
|seo_title= | |seo_title=Article I, Section 5 of the Texas Constitution ("Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 5, Texas Bill of Rights, religious belief | ||
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|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||