Texas Constitution:Article I, Section 37 and Texas Constitution:Article I, Section 4: Difference between pages

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Texas Constitution:Article I, Section 4 (view source)

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14. SJR 34
{{DISPLAYTITLE:Article I, Section 4 of the Texas Constitution (''<small>"Religious Tests"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
... add Article I, Section 37:


Added November 4, 2025:
'''No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.'''


To enshrine truths that are deeply rooted in this nation's history and traditions, the people of Texas hereby affirm that a parent has the responsibility to nurture and protect the parent's child and the corresponding fundamental right to exercise care, custody, and control of the parent's child, including the right to make decisions concerning the child's upbringing.
|editor=


|seo_title=Article I, Section 37 of the Texas Constitution ("...")
Sections 4 through 7 of Article I, including the recently adopted Section [[Texas Constitution:Article I, Section 6-a|6-a]], concern religion.
|seo_keywords=Article 1 Section 37, ..., ...
 
|seo_description=....
Due either to the plain language of the provision or to state court decisions interpreting the provision, the substance of the provisions concerning religion contained in the state constitution sometimes differs from the substance of the provisions concerning religion contained in the federal constitution.
|seo_published_time=2025-06-01T12:30:30Z
 
For example, under this section, a person who fails to "acknowledge the existence of a Supreme Being" is not eligible to hold public office in Texas. However, that requirement violates the federal constitution and is therefore unenforceable. See ''Torcaso v. Watkins'', 367 U.S. 488, [https://scholar.google.com/scholar_case?case=17484916405561277413#p495 495] (1961) (holding that similar provision contained in Maryland Constitution violated federal constitution).
 
|recent=
 
https://scholar.google.com/scholar_case?case=4865454919474533790
 
("If the Judicial Conduct Commission is correct—that is, if Obergefell ushered in an era in which judges who publicly espouse traditional Christian beliefs are unfit for the robe—then yet another deeply rooted constitutional principle comes into view. 'No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments . . . .'  8 TEX. CONST. art. I, § 4. Judge Hensley has been the target of a punitive administrative apparatus with the power, ultimately, to exclude her from holding office. This has happened 'on account of [her] religious sentiments'—not on account of rude or insulting or unprofessional words or actions towards anybody of any sexual orientation.")
 
|historic=
 
None.
 
|seo_title=Article I, Section 4 of the Texas Constitution ("Religious Tests")
|seo_keywords=Article 1 Section 4, Texas Bill of Rights, religious tests
|seo_description=No religious test shall ever be required as a qualification to any office, or public trust, in this State.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights


[[Category:Amendments 2025]]
}}
 
[[Category:Texas Bill of Rights]]
[[Category:Religion Law]]
[[Category:TxCon ArtI Sec]]
Retrieved from "https://texaslegalguide.com/Special:MobileDiff/8693...8666"

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