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Texas Constitution:Article I, Section 5 (view source)
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{{DISPLAYTITLE:Article I, Section 5 of the Texas Constitution (''<small>"Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | {{DISPLAYTITLE:Article I, Section 5 of the Texas Constitution (''<small>"Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''No person shall be disqualified to give evidence in any of the | '''No person shall be disqualified to give evidence in any of the courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.''' | ||
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Sections 4 through 7 of Article I, including the recently adopted Section [[Texas Constitution:Article I, Section 6-a|6-a]], concern religion. | Sections 4 through 7 of Article I, including the recently adopted Section [[Texas Constitution:Article I, Section 6-a|6-a]], concern religion. | ||
Under this section, the | Under this section, the State is prohibited from requiring the following oath: "I swear to tell the truth, the whole truth and nothing but the truth, so help me God." | ||
In addition, the section prohibits a person from testifying in any state | In addition, the section prohibits a person from testifying in any state judicial proceeding unless he or she is "subject to the pains and penalties of perjury." | ||
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* ''Ramirez v. State'', 264 S.W.2d 99, [https://scholar.google.com/scholar_case?case=4273965640812252416#p100 100] (Tex.Crim.App. 1953) ("From the letter in evidence it was evident that the appellant had in 1949 belonged to an organization from which the jury might reasonably conclude that he in fact did not believe in a Supreme Being. Under the state of this record, the evidence disclosed by the letter had no relevancy to the offense for which the appellant was being charged but was admitted solely for the purpose of impeaching the witness. Section 5 of Article 1 of the Constitution of Texas, Vernon's Ann. St., provides that no person . . . . The State has made no effort to justify this obvious error. The judgment is reversed and the cause remanded.") | * ''Ramirez v. State'', 264 S.W.2d 99, [https://scholar.google.com/scholar_case?case=4273965640812252416#p100 100] (Tex.Crim.App. 1953) ("From the letter in evidence it was evident that the appellant had in 1949 belonged to an organization from which the jury might reasonably conclude that he in fact did not believe in a Supreme Being. Under the state of this record, the evidence disclosed by the letter had no relevancy to the offense for which the appellant was being charged but was admitted solely for the purpose of impeaching the witness. Section 5 of Article 1 of the Constitution of Texas, Vernon's Ann. St., provides that no person . . . . The State has made no effort to justify this obvious error. The judgment is reversed and the cause remanded.") | ||
* ''Santillian v. State'', 182 S.W.2d 812, [https://texaslegalguide.com/images/ | * ''Santillian v. State'', 182 S.W.2d 812, [https://texaslegalguide.com/images/182_SW2_812.pdf#page=4 815] (Tex.Crim.App. 1944) ("Therefore a child who could never be 'convicted of a crime in any court' is not amenable to the pains and penalties of perjury, and therefore could not testify in any court. If such were true, then the result would be to deny to such child the equal protection of the laws, as guaranteed in the 14th Amendment to the Federal Constitution. If the child were hurt in an accident, with no witness save the child, it would have no protection under the law. Again, on the criminal side, in cases of rape under the age of consent, the female could not be heard to testify, she being not punishable under the law of perjury.") | ||
|seo_title= | |seo_title=Article I, Section 5 of the Texas Constitution ("Witnesses Not Disqualified by Religious Beliefs; Oaths and Affirmations") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 5, Texas Bill of Rights, religious beliefs | ||
|seo_description= | |seo_description=No person shall be disqualified to give evidence in any of the courts of this State on account of his religious opinions or beliefs. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||