Texas Senate Bill SJR40

Texas 2009 - 81st Regular

Caption

Proposing a constitutional amendment relating to the right of freedom of conscience.

Impact

If passed, this amendment would significantly strengthen protections against governmental interference in matters of individual conscience and religious expression. It aims to establish a legal framework where any governmental action that could potentially burden the exercise of sincerely held religious beliefs must demonstrate a compelling necessity and the application of the least restrictive means. This provision is especially relevant to cases involving state actions impacting religious practices in settings such as correctional facilities.

Summary

SJR40, introduced in the Texas legislature, proposes a constitutional amendment to reinforce the right of freedom of conscience related to religious beliefs. The resolution seeks to amend Section 6 of Article I of the Texas Constitution, asserting that all individuals have the inherent right to worship as guided by their personal convictions. It emphasizes that no individual should be mandated to participate in or support any religious institution against their will, ensuring that the government cannot infringe upon this right without a compelling interest.

Contention

The discussions surrounding SJR40 may invoke debate among lawmakers, particularly concerning the balance between individual religious freedoms and the role of government regulation in social matters. Proponents argue that the amendment is essential for protecting individual rights and ensuring a diverse, peaceful society where various religious practices coexist. However, critics may express concerns regarding potential misuse of this amendment, arguing that it could lead to discrimination against certain groups or weaken existing legal frameworks that promote equality and secular governance.