Texas Constitution:Article I, Section 37

This page is available for comment and discussion regarding the page Article I, Section 37 of the Texas Constitution.

2025

This section, proposed by SJR 34, will be voted on at the 2025 constitutional amendment election.

Tribune

This proposal would include parental rights, as currently outlined out in federal case law, in the Texas Constitution. The intent of the amendment is to protect parental rights since “case law can change and disappear over time with the appointment of new judges,” according to an analysis of the legislation.

The constitution would be amended to include the following: “Provides that, 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.”

Some questions were raised during legislative discussions about how the proposal would ensure children’s voices are also heard. More recently, various advocacy groups have expressed opposition to the constitutional amendment’s broad language. Education and reproductive rights groups say other provisions in Texas law already recognize parental rights and that the amendment could be used to justify censorship and further restrict access to reproductive and gender-affirming care. The group Accountability Matters has also raised concerns that the vague language of the amendment could lead to costly legal fights over its meaning and enable more state oversight.

HRO

Supporters say:

By enshrining in the Texas Constitution the right of a parent to exercise care, custody, and control of the parent’s children, Proposition 15 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. This proposition would codify longstanding case law in the Texas Constitution to ensure that this important right could not be removed or diminished by future court opinions. The parent-child relationship is rooted in natural law and should be safeguarded. Proposition 15 also would make accessing the right simpler, less costly, and easier for parents and lawyers, allowing them to cite the Constitution to help defend their rights in court.

Critics say:

Proposition 15 focuses too heavily on the rights of parents without including language to ensure that children’s rights and best interests are protected. The proposition should further emphasize the duties and responsibilities of parents to their children so that parental rights cannot override fundamental children’s rights, such as the right to basic healthcare or mental health support, as well as the ability of children to have their psychological, emotional, and social needs met.

Other critics say:

While protecting parental rights is essential, Proposition 15 contains language that is too vague and, as worded, could impose obligations on parents or undermine parents’ rights if it were determined that parents have not met their responsibilities.