Texas Constitution:Article I, Section 37: Difference between revisions
Jump to navigation
Jump to search
mNo edit summary |
mNo edit summary |
||
| Line 1: | Line 1: | ||
{{DISPLAYTITLE:Article I, Section 37 of the Texas Constitution (''<small>"Rights | {{DISPLAYTITLE:Article I, Section 37 of the Texas Constitution (''<small>"Parents' Responsibilities and Rights"</small>'')}}{{Texas Constitution|text=Added November 4, 2025: | ||
'''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.''' | '''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.''' | ||
| Line 17: | Line 17: | ||
* ''Byrne v. Love'', 14 Tex. 81, [https://texaslegalguide.com/images/014_Tex_81.pdf#page=11 91-92] (1855) ("There is no doubt a guardian, and especially a father acting as guardian by nature, has very ample authority in the control, management, rearing and education of his children; that he may lease their lands until his death or until they arrive at the age of majority; that he may place them for years under the superintendence and control of others, and where such act is not so injurious to the infant as to require the interposition of the Court, it cannot be disputed . . . . All this he may do in perfect consistency with his right of guardianship, and his ultimate liability for the proceeds of the minor's property.") | * ''Byrne v. Love'', 14 Tex. 81, [https://texaslegalguide.com/images/014_Tex_81.pdf#page=11 91-92] (1855) ("There is no doubt a guardian, and especially a father acting as guardian by nature, has very ample authority in the control, management, rearing and education of his children; that he may lease their lands until his death or until they arrive at the age of majority; that he may place them for years under the superintendence and control of others, and where such act is not so injurious to the infant as to require the interposition of the Court, it cannot be disputed . . . . All this he may do in perfect consistency with his right of guardianship, and his ultimate liability for the proceeds of the minor's property.") | ||
|seo_title=Article I, Section 37 of the Texas Constitution ("Rights | |seo_title=Article I, Section 37 of the Texas Constitution ("Parents' Responsibilities and Rights") | ||
|seo_keywords=Article 1 Section 37, Texas Bill of Rights, parents' constitutional rights | |seo_keywords=Article 1 Section 37, Texas Bill of Rights, parents' constitutional rights | ||
|seo_description=Parents have a fundamental right to exercise care, custody, and control of their children. | |seo_description=Parents have a fundamental right to exercise care, custody, and control of their children. | ||
Revision as of 10:40, October 30, 2025
Added November 4, 2025:
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 Comments
According to available legislative history, the purpose of this section is to codify parents' existing federal constitutional rights in the state constitution.
Recent Decisions
- State v. Loe, 692 S.W.3d 215, 230-31 (Tex. 2024) ("But neither our society's history and legal traditions nor this Court's precedents support a view of the scope of parents' constitutionally protected interest in directing their children's care, custody, and control that would place any action a parent may undertake outside the government's authority to regulate. . . . [A] fit parent's fundamental interest in caring for her child free from government interference extends to choosing from among legally available medical treatments, but it never has been understood to permit a parent to demand medical treatment that is not legally available.")
Historic Decisions
- Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985) (citations omitted) ("This natural parental right has been characterized as 'essential,' 'a basic civil right of man,' and 'far more precious than property rights.' A termination decree is complete, final, irrevocable and divests for all time that natural right as well as all legal rights, privileges, duties . . . . Moreover, the evidence in support of termination must be clear and convincing before a court may involuntarily terminate a parent's rights. Consequently, termination proceedings should be strictly scrutinized, and involuntary termination statutes are strictly construed in favor of the parent.")
- Byrne v. Love, 14 Tex. 81, 91-92 (1855) ("There is no doubt a guardian, and especially a father acting as guardian by nature, has very ample authority in the control, management, rearing and education of his children; that he may lease their lands until his death or until they arrive at the age of majority; that he may place them for years under the superintendence and control of others, and where such act is not so injurious to the infant as to require the interposition of the Court, it cannot be disputed . . . . All this he may do in perfect consistency with his right of guardianship, and his ultimate liability for the proceeds of the minor's property.")
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)