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