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Texas Constitution:Article I, Section 3-a (view source)
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{{DISPLAYTITLE:Article I, Section | {{DISPLAYTITLE:Article I, Section 3-a of the Texas Constitution (''<small>"Equal Rights Amendment"</small>'')}}{{Texas Constitution|text=Added November 7, 1972: | ||
'''Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.''' | '''Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.''' | ||
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The effect of this section of the state constitution, known as the Texas Equal Rights Amendment, is to subject classifications based upon sex to "strict scrutiny." For information regarding the fifteen-year campaign to secure passage of the amendment, see [https://tshaonline.org/handbook/online/articles/mlt02 ''Texas Equal Rights Amendment'']. | The effect of this section of the state constitution, known as the Texas Equal Rights Amendment, is to subject classifications based upon sex to "strict scrutiny." For information regarding the fifteen-year campaign to secure passage of the amendment, see [https://tshaonline.org/handbook/online/articles/mlt02 ''Texas Equal Rights Amendment'']. | ||
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* ''State v. Zurawski'', ___ S.W.3d ___, [https://scholar.google.com/scholar_case?case=9133421901754640670#p--- ___] (Tex. 2024) ("The Center argues that the State's interest in prenatal life fades when 'the health risks to the pregnant patient and the fetus are so severe that the pregnancy will never result in a child with sustained life.' But in situations where the mother has such a risk . . . current law permits an abortion to address the mother's risk of death or serious physical impairment. We conclude that the temporary-injunction record does not demonstrate that the Act lacks a rational relationship to a legitimate governmental purpose such that the Act violates Texas's equal protection clauses.") | |||
* ''In re Dean'', 393 S.W.3d 741, [https://scholar.google.com/scholar_case?case=12142732650188771717#p749 749] (Tex. 2012) (citations omitted) ("We have applied a three-step evaluation to determine whether the [Texas Equal Rights] Amendment has been violated. First, we consider whether equality under the law has been denied. If it has, we must determine whether equality was denied '''because of'' a person's membership in a protected class.' If so, 'the challenged action cannot stand unless it is narrowly tailored to serve a compelling governmental interest.' Richard has not shown that he is denied equality under the law. Section 152.201(a) is a procedural mechanism for determining jurisdiction.") | * ''In re Dean'', 393 S.W.3d 741, [https://scholar.google.com/scholar_case?case=12142732650188771717#p749 749] (Tex. 2012) (citations omitted) ("We have applied a three-step evaluation to determine whether the [Texas Equal Rights] Amendment has been violated. First, we consider whether equality under the law has been denied. If it has, we must determine whether equality was denied '''because of'' a person's membership in a protected class.' If so, 'the challenged action cannot stand unless it is narrowly tailored to serve a compelling governmental interest.' Richard has not shown that he is denied equality under the law. Section 152.201(a) is a procedural mechanism for determining jurisdiction.") | ||
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* ''Heaton v. Bristol'', 317 S.W.2d 86, [https://scholar.google.com/scholar_case?case=18222848089783696141#p98 98] (Tex.Civ.App.–Waco 1958, ref'd) ("Neither counsel for appellants nor appellees have pointed out any case wherein an appellate court of any jurisdiction has at any time held, or even intimated, that a state cannot, as a part of its over-all educational system, maintain one all-male or one all-female university as the Legislature has done in Texas for our higher educational system. There is certainly not even the remotest suggestion by inference or otherwise in any of the reported cases that the system now maintained by Texas constitutes a violation of any constitutional provisions, State or Federal.") | * ''Heaton v. Bristol'', 317 S.W.2d 86, [https://scholar.google.com/scholar_case?case=18222848089783696141#p98 98] (Tex.Civ.App.–Waco 1958, ref'd) ("Neither counsel for appellants nor appellees have pointed out any case wherein an appellate court of any jurisdiction has at any time held, or even intimated, that a state cannot, as a part of its over-all educational system, maintain one all-male or one all-female university as the Legislature has done in Texas for our higher educational system. There is certainly not even the remotest suggestion by inference or otherwise in any of the reported cases that the system now maintained by Texas constitutes a violation of any constitutional provisions, State or Federal.") | ||
|seo_title=Article I, Section 3-a of the Texas Constitution ("Equal Rights Amendment") | |||
|seo_keywords=Article 1 Section 3-a, Texas Equal Rights Amendment, equality under the law | |||
|seo_description=Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. | |||
|seo_image_alt=Texas Bill of Rights | |||
}} | }} | ||
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[[Category:Civil Rights Law]] | [[Category:Civil Rights Law]] | ||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||