Texas House Bill HJR125

Texas 2015 - 84th Regular

Caption

Proposing a constitutional amendment relating to a person's free exercise of religion.

Impact

This amendment would have significant implications on state laws regarding how government entities interact with religious practices. By enforcing strict conditions on any governmental or quasi-governmental interference in religious activities, it underlines the principle of religious liberty that is foundational in Texas law. The language utilized also aims to ensure that all religious denominations can worship freely without governmental interference, further enhancing protections for minority faiths and practices in the state.

Summary

HJR125 proposes a constitutional amendment that strengthens an individual's right to freely exercise their religion. The amendment seeks to update Section 6 of Article I of the Texas Constitution by explicitly prohibiting any governmental body, including municipalities and homeowners' associations, from imposing burdens on an individual's exercise of religion unless it meets specific criteria. These criteria require the burden to be necessary for a compelling governmental interest and to employ the least restrictive means of achieving that interest.

Contention

While proponents of HJR125 argue that the amendment is essential for safeguarding religious rights in an increasingly secular legal landscape, critics express concerns about potential unintended consequences. There are fears that the broad language of the amendment could lead to litigation over what constitutes a 'burden' on religious exercise, and how this might be interpreted by courts. Additionally, the provision that includes homeowners' associations raises questions about community governance and the enforcement of shared obligations that are typically agreed upon by property owners.