| 1 | 1 | | By: Patrick S.J.R. No. 40 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment relating to the right of |
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| 6 | 6 | | freedom of conscience. |
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| 7 | 7 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 6, Article I, Texas Constitution, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Sec. 6. All men have a natural and indefeasible right to worship |
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| 11 | 11 | | Almighty God according to the dictates of their own consciences. No |
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| 12 | 12 | | man shall be compelled to attend, erect or support any place of |
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| 13 | 13 | | worship, or to maintain any ministry against his consent. No human |
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| 14 | 14 | | authority ought, in any case whatever, to control or interfere with |
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| 15 | 15 | | the rights of conscience in matters of religion, and no preference |
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| 16 | 16 | | shall ever be given by law to any religious society or mode of |
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| 17 | 17 | | worship. The right to act or refuse to act in a manner that is |
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| 18 | 18 | | substantially motivated by a sincerely held religious belief, may |
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| 19 | 19 | | not be substantially burdened unless the government proves it has a |
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| 20 | 20 | | compelling governmental interest in infringing on the specific act |
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| 21 | 21 | | or refusal to act and has used the least restrictive means in |
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| 22 | 22 | | furthering that interest. For the purposes of this section, a |
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| 23 | 23 | | burden includes indirect burdens such as withholding benefits, |
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| 24 | 24 | | assessing penalties, or an exclusion from programs or access to |
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| 25 | 25 | | facilities. The Legislature may make laws which presume that |
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| 26 | 26 | | ordinances, rules, orders, decisions, and practices that are |
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| 27 | 27 | | applied to persons in the custody of juvenile detention centers, |
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| 28 | 28 | | correctional facilities, prisons, jails or other penal |
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| 29 | 29 | | institutions to be in furtherance of a compelling governmental |
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| 30 | 30 | | interest and the least restrictive means of furthering that |
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| 31 | 31 | | interest. But it shall be the duty of the Legislature to pass such |
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| 32 | 32 | | laws as may be necessary to protect equally every religious |
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| 33 | 33 | | denomination in the peaceable enjoyment of its own mode of public |
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| 34 | 34 | | worship. |
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| 35 | 35 | | SECTION 2. This proposed constitutional amendment shall be |
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| 36 | 36 | | submitted to the voters at an election to be held November 3, 2009. |
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| 37 | 37 | | The ballot shall be printed to provide for voting for or against the |
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| 38 | 38 | | proposition: "The constitutional amendment relating to the right |
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| 39 | 39 | | of freedom of conscience." |
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