TITLE: Condemning President Trump's executive order as an open act of discrimination against Muslims and as a violation of the U.S. Constitution.

SUMMARY: Condemning President Trump's executive order as an open act of discrimination against Muslims and as a violation of the U.S. Constitution.

FULL TEXT:
WHEREAS, We respect the rule of law and love of our neighbors; and WHEREAS, As elected members of the House of Representatives of the 85th Legislature of the State of Texas, we have sworn an oath to "preserve, protect, and defend the Constitution and laws of the United States and of this state"; and WHEREAS, The Fifth Amendment of the United States Constitution states that no person shall be "deprived of life, liberty, or property, without due process of law"; and WHEREAS, Article I of the Texas Constitution states that "equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin"; and WHEREAS, On December 7, 2015, Donald J. Trump, as a candidate for the Republican nomination of president of the United States, announced his intention "for a total and complete shutdown of Muslims entering the United States"; and WHEREAS, On January 27, 2017, President Donald J. Trump signed an executive order entitled, "Protecting the Nation From Foreign Terrorist Entry Into the United States" ("Executive Order"), which bars all people, including legal permanent residents and authorized visa holders from the countries of Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen; and WHEREAS, The executive order halts the admission of all refugees to the United States, including those who have helped America and its allies fight against Al-Qaeda and the Islamic State; and WHEREAS, The United States Supreme Court determined in Church of Lukumi Babalu Aye, Inc. v. City of Hialeah,in a majority opinion written by Justice Anthony Kennedy and concurred by Justice Antonin Scalia, that "official action that targets religious conduct for distinctive treatment cannot be shielded by mere compliance with the requirement of facial neutrality" and that "the Free Exercise Clause protects against governmental hostility which is masked, as well as overt"; and WHEREAS, President Trump's aforementioned executive order to ban travel is, without question or debate, a fulfillment of President Trump's intention to shut down the entry of Muslims into the United States; now, therefore, be it RESOLVED, That the House of Representatives of the 85th Texas Legislature hereby condemn President Trump's executive order as an open act of discrimination against Muslims, as a constitutional violation against legal residents of the United States, and as a violation of the due process and equal protection clauses of the United States Constitution; and, be it further RESOLVED, That an official copy of this resolution be prepared and delivered to President Donald J. Trump as a clear and unequivocal declaration from the Texas House of Representatives that we uphold our sworn oath to protect the Constitution, as well as our moral oaths to respect the rule of law and love our neighbors.