Secular Texas Message Board Bills › HJR 43: Proposing a constitutional amendment prohibiting a court of this sta

HJR 43: Proposing a constitutional amendment prohibiting a court of this state from enforcing, considering, or applying a religious or cultural law.

Clifton S.
user 64583572
Austin, TX
Post #: 13
83R1281 AJA-D

By: Flynn H.J.R. No. 43



A JOINT RESOLUTION
proposing a constitutional amendment prohibiting a court of this
state from enforcing, considering, or applying a religious or
cultural law.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article V, Texas Constitution, is amended by
adding Section 32 to read as follows:
Sec. 32. A court of this state shall uphold the laws of the
Constitution of the United States, this Constitution, federal laws,
and laws of this state. A court of this state may not enforce,
consider, or apply any religious or cultural law.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment prohibiting a court of
this state from enforcing, considering, or applying a religious or
cultural law."
Clifton S.
user 64583572
Austin, TX
Post #: 17
I like this. While it is no doubt submitted to protect Texans for Sharia law, it would also serve to protect us from such strange religiously motivated laws such as the restriction of the sale of liquor on Sundays.
Rachel H.
RachelHarger
Austin, TX
Post #: 7
So this law would be in direct contradiction with the other law that wants to put the ten commandments in public school. Wouldn't it?
A former member
Post #: 4
Yes and that's why I like it but, I think the reason to oppose it is that it is ultimately a bigoted position. I am undecided. I need to think through the unintended consequences.
Tanya L.
user 72862442
Mission, TX
Post #: 4
http://gma.yahoo.com/...­

Article on yahoo regarding a similar law being proposed in Oklahoma. Brings up some interesting points.
Clifton S.
user 64583572
Austin, TX
Post #: 30
"That prompted state Sen. Brian Crain, R-Tulsa, to describe the measure as a "solution that's looking for a problem." Crain was the only member of the Senate committee to vote against the bill."

I agree completely with that statement. It is a ridiculous idea.

"This bill is entirely unnecessary and creates significant uncertainty for Oklahomans married abroad as well as those Oklahomans who have adopted a child from another country or are seeking to do so," Executive Director Ryan Kiesel said in a statement. "These Oklahoma families don't deserve to have this type of doubt cast over them. "It also creates an atmosphere of uncertainty for foreign businesses seeking to do business with Oklahoma businesses."

And that is an interesting point.
Rachel H.
RachelHarger
Austin, TX
Post #: 17
Here is a more detailed analysis with relevant quotes from court decisions:

http://www.theatlanti...­

The Oklahoma constitutional amendment specifically mentions banning Sharia law. This makes it unconstitutional because it is discriminating against a particular religion. Therefore, it violates the First Amendment. Secondly, it would, by omission, allow other religious laws to possibly be enforced in court. Thirdly, it violates Supreme Court precedent which states there must be a problem that the law addresses. There is no problem with Sharia law being enforced in Oklahoma courts.

It seems to me that we have a long tradition of U.S. law being the supreme law of the land. It trumps everything else. However, this Texas Constitutional Amendment does not single out any one religion. It seems to me it could be used to oppose anything that has a hint of coming from religious practice or tradition which could be useful in areas like education and abortion. It seems like it would reinforce the First Amendment, but I'm not a lawyer. I am pretty sure about one thing. It will get challenged in court, and Texas will spend millions of dollars defending it.
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