Austin, TX, May 17, 2013 – Today HB 308, the “Merry Christmas” Bill, received final passage by the Texas Senate and is now headed to Gov. Perry’s desk. State Representative Dwayne Bohac (R-Houston) and State Senator Robert Nichols (R-Jacksonville) authored HB 308, which received overwhelming bipartisan support in the Texas House and Texas Senate. Joint Authors of HB 308 included Rep. Richard Raymond (D-Laredo), Rep. Craig Eiland (D-Texas City), and Rep. Michael Villarreal (D-San Antonio). HB 308 makes it clear that public schools and their staff are permitted to acknowledge and educate students about historic and cultural roots of traditional winter celebrations and holidays such as Christmas, Hanukkah and others, and with school displays that can include Christmas trees, a Menorah, a Nativity scene, Santa Claus, Reindeer and more.

The legislation also makes it clear that school districts, staff, and students are permitted to use greetings such as “Merry Christmas,” “Happy Hanukkah,” “Happy Holidays” or others.  Christmas has been recognized as a federal holiday by the United States since the 1870s.  Texas school districts have seen long and costly court cases over Christmas expressions in Plano and Katy, and Fort Worth was recently involved in a controversy over Santa Claus at a public school. Landmark U.S. Supreme Court cases have made it clear that such expressions and displays are permissible.

“The idea for this bill originated when I picked up my six-year-old son from school and he told me that his class decorated a holiday tree with holiday ornaments instead of a Christmas Tree,” Rep. Bohac said.  “Parents and educators want the freedom to decorate Christmas trees, use traditional holiday greetings, display Menorahs and generally celebrate traditional winter holidays on school grounds. HB 308 will protect school districts from frivolous lawsuits and teachers from retribution for saying such benign things as ‘Merry Christmas’ by codifying Supreme Court precedent.” Senator Robert Nichols agreed, saying: “I commend Representative Bohac’s initiative on this issue. We are currently standing at a cultural crossroads in our society, and this is one step forward for those defending our traditional values and beliefs.”

“We hope HB 308 will decrease the number of school districts being naughty and increase the one’s being nice,” said Jonathan Saenz, attorney and president of Texas Values.  “This common sense legislation tracks Supreme Court precedent, providing a solid roadmap for public school officials to follow and should help school districts respect First Amendment rights and avoid costly litigation,” concluded Saenz.

HB 308 received wide support during the legislative process but was opposed by the ACLU and the Texas Freedom Network, a liberal advocacy group in Austin.

After the successful efforts back in February to delay the BSA Executive Council’s attempt to change the Boy Scouts membership policy, the out-of-touch BSA leadership has now put forward a resolution that is even more troubling than the proposed policy in February. The proposed resolution would allow open homosexuality in the Boy Scouts and would foster it on boys in all scouting units. The resolution will be voted on by the BSA delegates at the May 22-24 National Annual meeting in Grapevine, Texas.

This incoherent policy was proposed in spite of the fact that the vast majority of Scouts and parents are supportive of their current membership policy and want to see the Scouts continue to stand for their timeless values. In fact, BSA’s own official survey shows that a supermajority of respondents support the current, time-tested membership policy. And as mentioned, the proposed policy would force all chartered scouting units, including the 70% chartered by churches, to facilitate open homosexuality in their program.

We implore the delegates voting next week in Texas to affirm Scouting’s current membership policy.

Help take a stand in Texas, join us for the Save Our Scouts Rally:

WHAT: A “Friendly, Courteous, and Kind” Demonstration to welcome delegates to the National Annual Meeting and encourage them to support the current membership policy.

WHO: Parents, Scoutmasters, Scouting supporters, Eagle Scouts, Pastors, and others concerned about the Boy Scouts. Wear your BSA uniform if you have one.

WHEN: Wednesday, May 22 2013. Supporters will gather from 12:00 PM till 4:00 PM (any amount of time you can participate is great). Signs will be provided.

WHERE: Meet at the public sidewalks near the Bass Pro Shop and Embassy Suites at the intersection of Bass Pro Dr. and TX-26 in Grapevine, Texas. The plan is to also demonstrate on the public sidewalks outside the Gaylord Texan Resort at the intersection of Gaylord Trail and TX-26.

Please RSVP for the Rally on Facebook.

In addition to the Rally, we still need your help to take action:

1.  Read and share the OnMyHonor.net “Open Letter to BSA Delegates: Ten Reasons To Vote No”
2. Email the BSA in support of their current membership policy.
3. Encourage Texas’ U.S. Senators Ted Cruz and John Cornyn to publicly support the Boy Scouts current policy, as over 60 state officials including Gov. Perry and Lt. Gov. Dewhurst have done. Contact Senator Cruz’s office at 202-224-5922 and Senator Cornyn’s office at 202-224-2934.
4. Take a stand for the Scouts and sign the Save Our Scouts Petition.

Update: CSCOPE Bill, SB 1406 – putting CSCOPE under oversight of the elected State Board of Education, was voted out of the House Public Education Committee last night by a vote of 6-3.

This afternoon, the Texas House Committee on Public Education will have an important hearing on CSCOPE legislation (SB 1406 by Senator Dan Patrick, which has already passed the Texas Senate). The bill would bring oversight to CSCOPE by bringing the CSCOPE curriculum under the oversight of the elected State Board of Education. CSCOPE is a K-12 online educational curriculum that is used in 80 percent of school districts in Texas.

The curriculum has been exposed as an attempt to circumvent oversight and accountability and to indoctrinate Texas children with radical progressive views. Just a few shocking examples of the curriculum include:

• A downplaying of Christianity
• Promoting Islam
• Calling the Boston Tea Party a terrorist attack
• Promoting Communism by encouraging students to make a flag for a new communist nation.

Texas Values will be testifying in support of this important legislation.

Take Action: Please contact the House Public Education Committee and encourage them to quickly pass the bill out of committee.

Texas House Committee on Public Education

Chair, Rep. Jimmy Don Aycock (R)
Phone: 512-463-0684 | Email: jimmie.aycock@house.state.tx.us

Currently, El Paso County, Travis County, City of Fort Worth, City of Austin, City of San Antonio City of El Paso, and Pflugerville Independent School District give legal recognition to domestic partnerships and/or same-sex couples, in violation of the Texas Constitution. Austin Independent School District is attempting to be the second school district in Texas to give legal recognition to domestic partnerships.

“General Abbott’s opinion now makes it clear, Pflugerville ISD and other local governmental entities in Texas are in clear violation of the Texas Constitution. Pflugerville ISD and Austin ISD are teaching their students a terrible lesson about the importance of following the law if these rogue school districts don’t immediately end their unconstitutional policy. This issue just highlights the need for accountability and enforcement of the Texas Constitution, as addressed by HB 1568,” said Jonathan Saenz, president of Texas Values.

HB 1568, by Rep. Drew Springer (R-Muenster) is on the move in the Texas House and provides for specific accountability and enforcement measures against school districts that violate the Texas Constitution, like Pflugerville I.S.D. and Austin I.S.D.

Read the full AG opinion here.

Texas Values submitted a brief on Dec. 6th of last year to Texas Attorney General Greg Abbott, requesting that his office find the Pflugerville Independent School District and other local governmental entities in violation of the Texas Constitution.

Read our full brief.

With less than 40 days left in the session, we are quickly approaching the deadline to protect religious freedom this session. It is saddening to see that in a Republican controlled House and Senate, priority bills of the homosexual lobby have been passed out of committees, but critically important protections of our first freedom have yet to receive a single vote. This is despite the fact that there is wide and growing support among the members for the amendment.

Senator Robert Duncan (R) and Representative Byron Cook (R) are Chairs of the respective committees and have the sole discretion to call for a vote.

The amendment is also supported by leading pro-family, pro-life, and pro-liberty organizations across Texas and is also supported by leading constitutional and religious liberty scholars from across the country. But most importantly – it is supported by freedom loving Texans across our great state.

The Texas Religious Freedom Amendment would provide much needed clear and specific protection in our state constitution for religious freedom. A state religious freedom constitutional amendment provides the best guarantee of lasting protection for citizens’ religious liberties from an overreaching legislature, government bureaucracy, or activist court.

Please take immediate action to support the Texas Religious Freedom Amendment (HJR 110/SJR 4):

1. Contact key members of the Senate and House State Affairs Committees and encourage them to vote the amendment out of committee.

2. Call Senator Duncan at 512-463-0128 and Rep. Cook at 512-463-0730 and tell them to vote out SJR 4/HJR 110.

3. Encourage your own State Senator and State Representative to coauthor the amendment.

The amendment is supported by leading pro-family, pro-life, and pro-liberty organizations across Texas and is also supported by leading constitutional and religious liberty scholars from across the country, including Liberty Institute President and CEO Kelly Shackelford.

In an effort to better inform Texans on where their State Senator and State Representative stand on our first freedom – religious freedom – we will be keeping a running list of the authors and co-authors of the Texas Religious Freedom Amendment below (HJR 110 and SJR 4). Currently HJR 110 is in the House State Affairs Committee (Chairman Byron Cook, R – Corsicana), and SJR 4 is in the Senate State Affairs Committee (Chairman Robert Duncan, R – Lubbock). Neither has been brought up for a committee vote.

If your elected officials have not signed on in support of the Texas Religious Freedom Amendment, please encourage your State Senator and State Representative to coauthor the amendment.

Find your elected officials here.

Senate Authors:

Senator Donna Campbell (R – New Braunfels), District 25

Senator Ken Paxton (R – McKinney), District 8

House Authors:

Representative Jason Isaac (R – Dripping Springs), District 45

Representative Linda Harper-Brown (R – Irving), District 105

Representative Allen Fletcher (R – Cypress), District 130

Representative William A. “Bill” Callegari (R – Houston), District 132

Representative Craig Eiland (D – Galveston), District 23.

House Co-Authors:

Representative Charles “Doc” Anderson (R – Waco), District 56

Representative Trent Ashby (R – Lufkin), District 57

Representative Cecil Bell (R – Magnolia), District 3

Representative Greg Bonnen (R – Friendswood), District 24

Representative Cindy Burkett (R – Sunnyvale), District 113

Representative Giovanni Capriglione (R – Southlake), District 98

Representative Travis Clardy (R – Nacogdoches), District 11

Representative John Davis (R – Houston), District 129

Representative Pat Fallon (R – Frisco), District 106

Representative Marsha Farney (R – Georgetown), District 20

Representative Dan Flynn (R – Canton), District 2

Representative James Frank (R – Wichita Falls), District 69

Representative John Frullo (R – Lubbock), District 84

Representative Craig Goldman (R – Fort Worth), District 97

Representative Lance Gooden (R – Terrell), District 4

Representative Bryan Hughes (R – Mineola), District 5

Representative Kyle Kacal (R – College Station), District 12

Representative Phil King (R – Weatherford), District 61

Representative Stephanie Klick (R – Fort Worth), District 91

Representative Lois Kolkhorst (R – Brenham), District 13

Representative Matt Krause (R – Fort Worth), District 93

Representative Lyle Larson (R – San Antonio), District 122

Representative Jodie Laubenberg (R – Parker), District 89

Representative George Lavender (R – Texarkana), District 1

Representative Jeff Leach (R – Plano), District 67

Representative Rick Miller (R – Sugar Land), District 26

Representative John Otto (R – Dayton), District 18

Representative Christopher “Chris” Paddie (R – Marshall), District 9

Representative Tan Parker (R – Flower Mound), District 63

Representative Charles Perry (R – Lubbock), District 83

Representative Larry Phillips (R – Sherman), District 62

Representative Walter T. “Four” Price (R – Amarillo), District 87

Representative Debbie Riddle (R – Tomball), District 150

Representative Scott Sanford (R – McKinney), District 70

Representative Matt Schaefer (R – Tyler), District 6

Representative Kenneth Sheets (R – Dallas), District 107

Representative Ron Simmons (R – Carrollton), District 65

Representative Drew Springer (R – Muenster), District 68

Representative Jonathan Stickland (R – Bedford), District 92

Representative Van Taylor (R – Plano), District 66

Representative Ed Thompson (R – Pearland), District 29

Representative Steve Toth (R – The Woodlands), District 15

Representative Scott Turner (R – Frisco), District 33

Representative James White (R – Woodville), District 19

Representative Bill Zedler (R – Arlington), District 96

*Visit the legislature’s website for HJR 110 and SJR 4 for the most up to date status.

Today the supporters of the Texas Religious Freedom Amendment, SJR 4, overwhelmed the Senate State Affairs committee in support of needed religious freedom protection.  Leading legal and constitutional experts,  faith-community leaders, and pro-family/pro-life leaders lined up to testify in favor of SJR 4. In addition, over 20 other leaders and organizations also signed in with their support but did not testify. The resounding message at the committee hearing was that we need religious freedom protection in our state constitution now.

Of course the usual opposition to this effort, the ACLU and the Texas Municipal League showed up against.  No one else opposed SJR 4 except for Joe Pojman of Texas Alliance for Life. Joe Pojman and Paul Linton have written memos claiming that strong religious freedom protection hurts the pro-life movement.

While we are sure that there are good intentions, this abortion argument is without merit. Two of the finest religious liberty experts, Kelly Shackelford, President and CEO of Liberty Institute, and Professor Douglas Laycock, Chair in Law Emeritus at the University of Texas and Distinguished Professor of Law at the University of Virginia, submitted written testimony to the Senate Committee with a thorough and comprehensive rejection to any argument against SJR 4 and specifically rejecting the notion that strong religious freedom protection could hurt the pro-life movement if Roe v. Wade is ever overturned.  In reality, it is the pro-life side that needs vigorous protection for religious liberty, now and in the future.

Excerpts from their written testimony are below:

Kelly Shackelford:

“While I am sure there are good intentions, the argument made about this effort creating a religious right to an abortion is without merit…Endangering religious freedoms protections for everyone because of such a mythical hypothetical is, in my view, a horrible mistake and may end up needlessly hurting people in the future.”

Professor Laycock:

“Mr. Linton and his organization appear to have one real issue, a fear that religious liberty could somehow, someday, be distorted into a new source for the right to choose abortion. But in pursuit of that issue, they have launched a general attack on religious liberty, an attack as hostile to religion and to religious liberty as anything that could have been written by the most ardent opponent of religious faith.”

Download Kelly Shackelford letter.

Download Professor Laycock letter.

The Texas Religious Freedom Amendment would provide clear and specific protection in our state constitution for religious freedom. A state religious freedom constitutional amendment provides the best guarantee of lasting protection for citizens’ religious liberties from an overreaching legislature, government bureaucracy, or activist court.

The amendment is supported by leading constitutional and religious liberty scholars, including Liberty Institute President and CEO Kelly Shackelford.

Take a stand for religious freedom in Texas – please contact the Senate State Affairs Committee members and express your support for the Texas Religious Freedom Amendment. Also, if you have not already, please contact your State Senator and State Representative and encourage them to coauthor the amendment.

Take Action: Contact the Texas Senate Committee on State Affairs

Chair, Sen. Robert Duncan (R), 512-463-0128, robert.duncan@senate.state.tx.us

Vice-Chair, Sen. Bob Deuell (R), 512-463-0102, bob.deuell@senate.state.tx.us

Sen. Rodney Ellis (D), 512-463-0113, rodney.ellis@senate.state.tx.us

Sen. Troy Fraser (R), 512-463-0124, troy.fraser@senate.state.tx.us

Sen. Joan Huffman (R), 512-463-0117, joan.huffman@senate.state.tx.us

Sen. Eddie Lucio Jr. (D), 512-463-0127, eddie.lucio@senate.state.tx.us

Sen. Robert Nichols (R), 512-463-0103, robert.nichols@senate.state.tx.us

Sen. Leticia Van de Putte (D), 512-463-0126, leticia.vandeputte@senate.state.tx.us

Sen. Tommy Williams (R), 512-463-0104, tommy.williams@senate.state.tx.us

As our friends at Texas Right to Life have pointed out, a growing amount of scientific research have confirmed that preborn children in the womb can feel tremendous pain by 20 weeks post-fertilization. This is one of the most important pro-life bills this session and has been made a top priority by Gov. Perry and Lt. Gov. Dewhurst.

HB 2364 is scheduled to be in the Texas House Committee on State Affairs on Wednesday, April 10th. Please contact the committee members and express your support for the life-saving Texas Preborn Pain Bill.

Take Action: Contact the Texas House Committee on State Affairs

Chair, Rep. Byron Cook (R), 512-463-0730, byron.cook@house.state.tx.us

Vice-Chair, Rep. Helen Giddings (D), 512-463-0953, helen.giddings@house.state.tx.us

Rep. Harvey Hilderbran (R), 512-463-0536, harvey.hilderbran@house.state.tx.us

Rep. Rene Oliveira (D), 512-463-0640, rene.oliveira@house.state.tx.us

Rep. John Smithee (R), 512-463-0702, john.smithee@house.state.tx.us

Rep. Sylvester Turner (D), 512-463-0554, sylvester.turner@house.state.tx.us

Rep. Tom Craddick (R), 512-463-0500, tom.craddick@house.state.tx.us

Rep. Jessica Farrar (D), 512-463-0620, jessica.farrar@house.state.tx.us

Rep. John Frullo (R), 512-463-0676, john.frullo@house.state.tx.us

Rep. Charlie Geren (R), 512-463-0610, charlie.geren@house.state.tx.us

Rep. Patricia Harless (R), 512-463-0496, patricia.harless@house.state.tx.us

Rep. Dan Huberty (R), 512-463-0520, dan.huberty@house.state.tx.us

Rep. Jose Menendez (D), 512-463-0634, jose.menendez@house.state.tx.us

We have been asked for our opinion concerning the Religious Freedom Amendment, HJR 110/SJR 4, currently under consideration in your committee.  We heartily endorse this constitutional amendment.

This proposed constitutional amendment would simply place the substantive heart of the Texas Religious Freedom Restoration Act into the state constitution, giving it greater visibility and greater insulation from shifting political majorities.  All the detail about private causes of action and the like would be left to the existing statute.  Similar legislation or constitutional amendments have been enacted at the federal level (to govern federal law) and in seventeen states: Alabama, Arizona, Connecticut, Florida, Idaho, Illinois, Kentucky, Louisiana, Missouri, New Mexico, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, and Virginia.  Another thirteen states have interpreted their state constitutions to provide similar protection: Alaska, Indiana, Kansas, Massachusetts, Michigan, Minnesota, Mississippi, Montana, New York, North Carolina, Ohio, Washington, and Wisconsin.

The federal RFRA has applied to federal law since 1993.  The Texas RFRA has applied to Texas since 1999.  Some of these other state laws and decisions have also been around for a long time.  The standard enacted in these laws was the constitutional law for the entire country from 1963 to 1990.  In Texas and other states where these laws exist, they have not been interpreted in crazy ways that have caused problems for those jurisdictions; if anything, they have been enforced too cautiously.  If opponents tell you about terrible things that will happen if this amendment is adopted, press them for specific examples of where such horror stories have actually happened in Texas or anywhere else.  There are no such examples.

These laws typically do not wind up applying to large numbers of cases.  The numbers of cases are small, but those cases are often of intense importance to the people affected.  We should not punish people for practicing their religion unless we have a very good reason.  These cases are about whether people pay fines, or go to jail, for practicing their religion—in America, in the 21^st century.

None of our employers takes any position on the amendment, and our institutional affiliations are listed for identification purposes only.

Respectfully,

 Prof. Douglas Laycock, University of Virginia School of Law, University of Texas School of Law

Prof. Michael S. Ariens, St. Mary’s University of San Antonio School of Law

Prof. Emily Albrink Hartigan, St. Mary’s University of San Antonio School of Law

Prof. Thomas C. Berg, St. Thomas University (Minnesota) School of Law

Prof. Carl H. Esbeck, University of Missouri School of Law

Prof. Marie A. Failinger, Hamline University School of Law

Prof. Edward McGlynn Gaffney, Valparaiso University School of Law

Prof. Richard W. Garnett, Notre Dame University School of Law

Prof. Robert P. George, Harvard University Law School, Princeton University

Prof. Mary Ann Glendon, Harvard University Law School

Prof. Joshua D. Hawley, University of Missouri School of Law

Prof. Christopher C. Lund, Wayne State University Law School

Prof. Michael W. McConnell, Stanford University Law School

Prof. Michael S. Paulsen, St. Thomas University (Minnesota) School of Law

Prof. Michael J. Perry, Emory University School of Law

Prof. Mark L. Rienzi, Catholic University of America School of Law

Download a PDF of the letter.

Action Alert:  Contact your elected officials and encourage them to stand for religious freedom by supporting SJR 4 and HJR 110.