Article I, Section 4 of the Texas Constitution ("Religious Tests")

Adopted February 15, 1876:

No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.

Editor Comments

Sections 4 through 7 of Article I, including the recently adopted Section 6-a, concern religion.

Due either to the plain language of the provision or to state court decisions interpreting the provision, the substance of the provisions concerning religion contained in the state constitution sometimes differs from the substance of the provisions concerning religion contained in the federal constitution.

For example, under this section, a person who fails to "acknowledge the existence of a Supreme Being" is not eligible to hold public office in Texas. However, that requirement violates the federal constitution and is therefore unenforceable. See Torcaso v. Watkins, 367 U.S. 488, 495 (1961) (holding that similar provision contained in Maryland Constitution violated federal constitution).

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources