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Texas Constitution talk:Article I, Section 37: Difference between revisions
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Texas Constitution talk:Article I, Section 37 (edit)
Revision as of 10:28, October 22, 2025
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{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | {{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution–discussion page}}__NOTOC__This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''. | ||
== | ==2025== | ||
This section, proposed by [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SJR34 SJR 34], will be voted on at the 2025 constitutional amendment election. | This section, proposed by [https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SJR34 SJR 34], will be voted on at the 2025 constitutional amendment election. | ||
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or undermine parents’ rights if it were determined that | or undermine parents’ rights if it were determined that | ||
parents have not met their responsibilities. | parents have not met their responsibilities. | ||
== TLC == | |||
Comments by Supporters: | |||
• Enshrining in the Texas Constitution the right of a parent to | |||
exercise care, custody, and control of the parent's children | |||
would provide a clear and solid legal foundation to protect | |||
parental rights. | |||
• Courts have long recognized that parents have a constitutionally | |||
protected right to make decisions for their children. Such | |||
a fundamental right deserves a securely codified place in | |||
the Texas Constitution to ensure that it is not removed or | |||
diminished by future judicial decisions. | |||
• By expressly recognizing parental rights and responsibilities in | |||
the text of the constitution, the proposed amendment would | |||
make parental rights easier to identify for parents and their | |||
lawyers, allowing them to cite the Texas Constitution to help | |||
defend their rights in court, and would provide clarity that | |||
could help avoid costly litigation. | |||
• Protecting the rights of parents helps parents to meet their | |||
obligations to care for, nurture, and educate their children. | |||
• The proposed amendment is not intended to expand or | |||
diminish any existing parental rights. | |||
Comments by Opponents: | |||
• The proposed amendment does not do enough to protect | |||
children's rights, which are not expressly addressed by the | |||
amendment. | |||
• While not raised during legislative consideration of the | |||
proposal, a review of other sources indicates concerns that | |||
the amendment language stating that the established parental | |||
rights correspond with the responsibility of parents to nurture | |||
and protect their children could result in a parent's rights | |||
being conditioned on the government determining that the | |||
parent's responsibility has been fulfilled. | |||