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