MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Constitution

By: Representative Snowden, Staples, Chism, Moore, Mims, Ellington, Howell, Gregory, Beckett, Bounds, Barnett, Bondurant, Wells-Smith, Rotenberry, Fillingane, Carlton, Parker

House Concurrent Resolution 40

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 265, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A GOVERNMENTAL ENTITY SHALL NOT PROHIBIT OR DISCOURAGE ANY PERSON, PUBLIC OR PRIVATE, FROM EXPRESSING A BELIEF IN OR ACKNOWLEDGING THE EXISTENCE OF A SUPREME BEING; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

     Amend Section 265, Mississippi Constitution of 1890, to read as follows:

     "Section 265.  (1)  No person who denies the existence of a Supreme Being shall hold any office in this state.

     (2)  A governmental entity shall not prohibit or discourage any person, public or private, from expressing a belief in or acknowledging the existence of a Supreme Being except to the extent that such expression or acknowledgment conflicts with or is in violation of the constitutional guarantee of free exercise of religion, the constitutional prohibition against establishment of religion or any other specific constitutional rights, guarantees or prohibitions specifically provided for under this Constitution or the Constitution of the United States.

     For the purpose of this subsection, the term "governmental entity" means the State of Mississippi and any agency, department, institution, instrumentality or political subdivision thereof, and any agency, department, institution or instrumentality of a political subdivision of the State of Mississippi."

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2006, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment provides that a governmental entity shall not prohibit or discourage any person, public or private, from expressing a belief in or acknowledging the existence of a Supreme Being except to the extent that such expression or acknowledgment conflicts with or is in violation of some other rights, guarantees or prohibitions specifically provided for under the Mississippi Constitution or the Constitution of the United States."