Texas and U.S Constitution
Texas and U.S constitution embody the philosophies of democracy and sovereignty. The two constitutions have bill of rights that help protect civil freedoms from government violation. The Texas bills of rights largely reflect its historical circumstances and traditional political culture. The variations between US and Texas bills of rights emanates from the clauses on marriage, religion, and assembly.
Marriage Clause in the Texas Bills of Rights
In Article 1, section 32, of the Texas Bills of Rights, everyone has a right of marriage. However, marriage is only allowed when it is a union of one man and one woman, mainly as guided by Christian religious principles. On the other hand, the US constitution recognizes same-sex marriage as a civil right. Generally such rigidity, in Texas laws, in refusing to allow same-sex marriage arises from the fact that the Texas constitution protects the interest of critical groups such as churches.
Religious Requirements for Holding Office in Texas
Article 1, section 4 of Texas bills of rights protects the rights of to hold and office, which is essential in preventing discrimination. Although the article is mainly similar to the United States bills or reasons, there is an apparent difference as it requires an office holder to believe in the existence of supreme beings (US). Traditionally, Texas has held a religious culture in which people have to believe in God with a majority of residents being Christians. Consequently, persons who practice atheism feel discriminated against by Texas laws.
Positive Liberties in the Texas Bill of Rights
Also, unlike some of the negative liberties in the U.S constitution in Bill of rights, article one of the Texas bill of rights asserts the rights of the citizen. The bill extends to federal protection for instance; section 3a out rightly forbids discrimination grounded on race, creed, nationality origin or sex. Writing the Texas bills of rights in positive liberties form explains a tradition of the quest for self-rule.
Bill of rights establishes individual rights of speech, freedom, assembly, and religion. While there are several differences between the US and Texas bill of rights, the Texas document mostly borrows from the US constitution. Main variations arise from clauses on marriage, religion, and assembly. Nevertheless, the Texas bill of rights is more detailed than the Federal Government.
Texas.gov. "The Texas Constitution: Article 1. bill of rights." 2017. Texas Constitution and Statutes. 2018 .
The US. Bill of Rights and Later Amendments. 1995. 2018 .