From Ballotpedia | Texas Proposition 3 | |
|---|---|
| Election date November 2, 2021 | |
| Topic Religion | |
| Status | |
| Type Constitutional amendment | Origin State legislature |
| 2021 measures |
|---|
| November 2 |
| Texas Proposition 1 |
| Texas Proposition 2 |
| Texas Proposition 3 |
| Texas Proposition 4 |
| Texas Proposition 5 |
| Texas Proposition 6 |
| Texas Proposition 7 |
| Texas Proposition 8 |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
Texas Proposition 3, the Prohibition on Limiting Religious Services or Organizations Amendment, was on the ballot in Texas as a legislatively referred constitutional amendment on November 2, 2021. It was approved.[1]
A "yes" vote supported amending the state constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations. |
A "no" vote opposed amending the state constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations. |
|
Texas Proposition 3 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
925,447 | 62.42% | ||
| No | 557,093 | 37.58% | ||
Proposition 3 amended Article 1 of the state constitution by adding a new section to the Texas Constitution to prohibit the state or any political subdivision from enacting a law, rule, order, or proclamation that limits religious services or organizations.
At the time of the election, sections 4, 5, 6, and 7 of Article 1 concerned the relationship between the state and religion. Section 4 prohibited religious tests to hold political office. Section 5 prohibited disqualifying witnesses based on religious beliefs. Section 6 recognized the right to worship. Section 7 prohibited appropriating money for the benefit of any sect, or religious society, theological or religious seminary.
In the Texas State Senate, the amendment was passed by a vote of 28-2 with one not voting. The two senators that opposed the measure were Democrats. In the Texas House of Representatives, the amendment was approved by a vote of 108-33 with nine not voting or absent. Of the 67 Democratic representatives, 27 voted in favor of the amendment, 33 opposed it, and seven were absent or not voting. All voting Republicans voted in favor of the amendment.[1]
Speaking in support of the amendment, Rep. Scott Sanford (R) said, "Churches provide essential spiritual, mental and physical support in a time of crisis. Closing churches not only eliminated these critical ministries and services, but it violated their religious freedom, guaranteed by our laws and Constitution."[2]
Rep. John Turner (D) said, "I am also a very strong supporter of religious liberty and believe deeply in the importance of faith and also religious services as described here on this floor, and I don’t want any differences about this amendment to obscure that fact. That said, I want to ask you about this amendment. One thing I see here in the language — it says that no rule or law or statute or order, et cetera, may… limit religious services, correct? So, for instance, that would mean there could never be any restrictions on capacity."[3]
At the outset of the coronavirus (COVID-19) pandemic in March and April of 2020, the following counties that encompass the states most populous cities issued executive orders limiting religious service gatherings in response the pandemic: Bexar, Dallas, Denton, El Paso, Harris, Lubbock, Nueces, Tarrant, Travis, and Webb.
In addition to Proposition 3, Texas voters approved another amendment, Proposition 6, which related to policies enacted during the COVID-19 pandemic. It established a right for residents of nursing or assisted living facilities to designate an essential caregiver, who cannot be prohibited from in-person visitation.
Ballotpedia also tracked ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Texas Proposition 3 was the sole measure related to religious service restrictions that was certified for a statewide ballot in 2021. The other measures were related to governors' emergency declarations.
The ballot title was as follows:[4]
| “ |
The constitutional amendment to prohibit this state or a political subdivision of this state from prohibiting or limiting religious services of religious organizations.[5] |
” |
The measure amended Article 1 of the state constitution by adding a new section. The following underlined text was added:[4]
|
Sec.6-a. This state or a political subdivision of this state may not enact, adopt, or issue a statute, order, proclamation, decision, or rule that prohibits or limits religious services, including religious services conducted in churches, congregations, and places of worship, in this state by a religious organization established to support and serve the propagation of a sincerely held religious belief.[5] |
| Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
|
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Ballotpedia identified the following media editorial boards as taking positions on Proposition 3.
Ballotpedia lists the positions of and excerpts from editorials supporting or opposing ballot measures from the editorial boards of certain media outlets. In this section, Ballotpedia does not include opinion pieces written by individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on:
To submit a media editorial for inclusion, email editor@ballotpedia.org.
During the 2021 regular legislative session, the Texas State Legislature passed and Governor Greg Abbott (R) signed House Bill 525 (HB 525), which was designed to designate religious organizations as essential businesses and prohibit government entities from "prohibit a religious organization from engaging in religious and other related activities or continuing to operate in the discharge of the organization’s foundational faith-based mission and purpose" during a declared state of emergency. In its final passage, it passed the House by a vote of 125-10 with 15 not voting or absent, and it passed the Senate by a vote of 27-3 with one absent.[6]
On March 19, 2020, Governor Greg Abbott (R) issued an executive order requiring that Texans minimize social gatherings exceeding 10 people; avoid visiting bars, restaurants, and gyms; prohibit visitors at nursing facilities; and temporarily close schools. On March 31, 2020, Governor Greg Abbott (R) amended his order to change the definition of essential services. "Essential services" were defined as "everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, plus religious services conducted in churches, congregations, and houses of worship." Governor Abbott also stated that if religious services could not be conducted from home or through remote services they could be conducted in person following the guidelines of the Center for Disease Control. On April 21, 2020, Governor Abbott and Attorney General Ken Paxton (R) issued joint guidance around religious services during the coronavirus pandemic. [7][8]
The executive order can be read here.
The additional guidelines can be read here.
The following table lists the counties of Texas' most populous cities that issued executive orders during the outset of the coronavirus pandemic in March 2020 that related to religious services and social gatherings:
| County | Link to executive order | Restriction |
|---|---|---|
| Bexar | Executive order | "Religious and worship services may only be provided by video, teleconference or other remote measures." |
| Dallas | Executive order | "Religious and worship services may only be provided by video and teleconference. Religious institutions must limit in-person staff to ten (10) people or less when preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines including the six feet social distancing." |
| Denton | Executive order | "Religious and worship services may only be provided by video and teleconference. All individuals must follow the Social Distancing Guidelines as set forth by the
CDC, including the six-foot social distancing." |
| El Paso | Executive order | "Travel by church staff/clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel." |
| Harris | Executive order | "Faith leaders may minister and counsel in individual settings, so long as social distance protocols are followed. Religious and worship services may only be provided by video and teleconference. Religious institutions must limit in-person staff to those necessary for preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines, including the six-foot social distancing." |
| Lubbock | Executive order | "All public and private gatherings of any number of people occurring outside of a single household are hereby prohibited, except as otherwise provided in this Declaration." |
| Nueces | Executive order | "Religious and worship services may be provided by video and teleconference. Institutions must limit in-person staff to 10 people or less in the same room when preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines (including the social distancing guideline of six (6) feet)." |
| Tarrant | Executive order | "No in-person worship services are permitted. Needed staff can attend to produce audio/video or conduct services for transmission. ... Travel by church staff or clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel" |
| Travis | Executive order | "Travel by church staff/clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel." |
| Webb | Executive order | "Religious and worship services may be provided by video and teleconference. Institutions must limit in-person staff or volunteers to 10 people or less in the same room when preparing for or conducting video or teleconference services, and all individuals must follow the Social Distancing Guidelines." |
On July 24, 2020, the U.S. Supreme Court rejected a request by a Nevada church for permission to hold in-person services in excess of COVID-19 capacity limits imposed by Gov. Steve Sisolak (D). The church, in its emergency application to the justices, sought an injunction pending appellate review that would bar enforcement of Directive 021, which would “allow the church to host religious gatherings on the same terms as comparable secular assemblies.” At issue in the case was the church’s argument that the capacity limit violated the Free Exercise Clause of the First Amendment in that it “treats at least seven categories of secular assemblies 'where large groups of people gather in close proximity for extended periods of time' better than religious services." The directive, which imposed a 50% fire-code capacity limit on places of business, such as casinos, restaurants, and movie theaters, limited gatherings at places of worship to a 50-person maximum. The court, in a 5-4 split, rejected the request. The majority made no comment, a common practice when acting on emergency applications. In a dissent, Justice Samuel Alito wrote that the state's argument that "allowing Calvary Chapel to admit 90 worshippers presents a greater public health risk than allowing casinos to operate at 50% capacity is hard to swallow." Justices Clarence Thomas and Brett Kavanaugh joined Alito's dissent. Justice Neil Gorsuch and Kavanaugh each wrote separate dissents.[9]
South Bay United Pentecostal Church, et al. v. Newsom: On May 29, 2020, the United States Supreme Court rejected a challenge to California's religious gathering limits, which order attendance in churches or places of worship to a maximum of 25% or 100 attendees. The 5-4 decision was joined by Chief Justice Roberts who warned against intervening in emergencies: "Where those broad limits are not exceeded, they should not be subject to second-guessing by an 'unelected federal judiciary,' which lacks the background, competence, and expertise to assess public health and is not accountable to the people." Justice Kavanaugh joined the remaining three Republican-appointed justices in dissenting from the ruling, arguing that the California limits "indisputably discriminates against religion."[10]
Ballotpedia is tracking ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide. Click here to see a full list of measures on the ballot related to coronavirus-related regulations.
At the November 2021 election, Texas voters decided on a constitutional amendment to establish a right for residents of nursing or assisted living facilities to designate an essential caregiver, who cannot be prohibited from in-person visitation. The amendment was introduced in response to restrictions put in place in March 2020 as a response to the coronavirus pandemic. State Sen. Lois Kolkhorst (R) wrote in the amendment's "Statement of Intent" that "these restrictions had a significant impact on the physical and mental well-being of many residents, especially those with memory or cognitive challenges."[11]
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67 percent) supermajority vote is required in both the Texas State Senate and the Texas House of Representatives.
This amendment was introduced as Senate Joint Resolution 27 on January 25, 2021. On March 25, 2021, the state Senate passed SJR 27 in a vote of 28-2 with one absent. On May 11, 2021, the House approved the amendment by a vote of 108-33, with nine not voting or absent.[1]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Click "Show" to learn more about voter registration, identification requirements, and poll times in Texas.
| How to cast a vote in Texas | ||||||
|---|---|---|---|---|---|---|
Poll times[edit]In Texas, all polling places are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote. Texas is divided between Central and Mountain time zones.[12]
Registration[edit]To register to vote in Texas, an applicant must be a United States citizen, a resident of the county in which he or she is registering, and at least 17 years and 10 months old.[13] The deadline to register to vote is 30 days before the election. Prospective voters can request a postage-paid voter registration form online or complete the form online and return it to the county voter registrar. Applications are also available at a variety of locations including the county voter registrar’s office, the secretary of state’s office, libraries, and high schools. Voter registration certificates are mailed to newly registered voters.[14] Automatic registration[edit]Texas does not practice automatic voter registration. Online registration[edit]
Texas does not permit online voter registration. Same-day registration[edit]Texas does not allow same-day voter registration. Residency requirements[edit]Prospective voters must reside in the county in which they are registering to vote. Verification of citizenship[edit]
Texas does not require proof of citizenship for voter registration. Section 18.068 of the Texas Election Code says the following:
In January 2019, the Texas secretary of state’s office announced that it would be providing local election officials with a list of registered voters who obtained driver’s licenses or IDs with documentation such as work visas or green cards. Counties would then be able to require voters on the list to provide proof of citizenship within 30 days.[16] The review was halted by a federal judge in February 2019, and Secretary of State David Whitley rescinded the advisory in April.[17][18] A news release from Whitley’s office stated that “... going forward, the Texas Secretary of State's office will send to county voter registrars only the matching records of individuals who registered to vote before identifying themselves as non-U.S. citizens to DPS when applying for a driver's license or personal identification card. This will ensure that naturalized U.S. citizens who lawfully registered to vote are not impacted by this voter registration list maintenance process.”[19] Verifying your registration[edit]The Texas Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Voter ID requirements[edit]Texas requires voters to present photo identification while voting.[20] The following list of accepted ID was current as of November 2019. Click here for the Texas Secretary of State's page on accepted ID to ensure you have the most current information.
Identification provided by voters aged 18-69 must be expired for no more than four years before the election date. Voters aged 70 and older can use an expired ID card regardless of how long ago the ID expired.[20] Voters who are unable to provide one of the ID options listed above can sign a Reasonable Impediment Declaration and provide one of the following supporting documents:[20]
The following voters are exempt from showing photo ID:[20]
Voters who do not have a photo ID can obtain a Texas Election Identification Certificate (EIC) at any Texas driver’s license office during regular business hours. Voters can also obtain an Election Identification Certificate from a mobile station. Locations are listed here.[20] Background[edit]Before Section 5 of the Voting Rights Act was overturned on June 25, 2013, Texas' voter identification law, SB 14, required preclearance by the United States Department of Justice (DOJ) before taking effect. SB 14 required that every voter must present one of the following at his or her polling place: a Texas driver's license, a Texas Election Identification Certificate, a Texas personal identification card, a Texas concealed handgun license, a United States Military Identification Card containing the person’s photograph, a United States citizenship certificate containing the person’s photograph, or a United States passport. Preclearance was denied on March 13, 2012, and a lawsuit was subsequently filed by the state. On August 30, 2012, a three-judge panel in the United States District Court for the District of Columbia unanimously struck down the voter ID law. The court ruled that the law would negatively impact minority voter turnout and impose strict burdens upon the poor.[21] The state filed a lawsuit against the ruling, beginning several years of hearings and rulings across the federal judiciary. On April 27, 2018, a three-judge panel of the United States Court of Appeals for the 5th Circuit issued a 2-1 ruling reversing the earlier district court order that had barred the state from enforcing the provisions of its voter ID law.[22] On June 19, 2018, the Fifth Circuit dismissed a further appeal, allowing Texas' voter ID law to stand.[23] To read a full summary of the cases related to SB 14, click here. As of April 2021, 35 states enforced (or were scheduled to begin enforcing) voter identification requirements. A total of 21 states required voters to present photo identification at the polls; the remainder accepted other forms of identification. Valid forms of identification differ by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.[24][25] | ||||||
|
|
|
<ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
| ||||||||||||||
State of Texas Austin (capital) | |
|---|---|
| Elections |
What's on my ballot? | Elections in 2021 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
ZWI signed: