HOHENSEE: CACR28 – Restore Art. 6, Pt. 1

Voters were not informed in 1968 when they amended Article 6, Part 1. They believed the amendment removed “obsolete sectarian references,” which was 4 words: Deity, protestant, Evangelical, and Christians. Another 154 words were deleted without any public discussion or debate.

There was no discussion in the major state newspapers at that time. No further explanation of the amendment. The Constitutional Convention journal had no discussion or debate on the proposed amendment, just one statement that a subcommittee met over a weekend to discuss the proposal. No minutes. No record. Nothing.

Consent requires fully informed voters. Consent was not given. Voters were deceived.

Voters were never informed that:

  • The empowerment of “the legislature to authorize” the towns and corporate bodies, which are the school districts, to collect taxes to fund public teachers “at their own expense” —- was being removed.

Yet property taxes were collected for the next 58 years. Why wasn’t this recognized sooner?  

Voters were never informed that:

  • The “exclusive” right clause protecting the local prerogative to elect public teachers and at the same time not to be compelled to fund instruction of values of “another persuasion” than their own — was being removed. 

“Another persuasion” does not mean a sect or denomination. It’s not a religion or church. Values of “another persuasion” are those that are incompatible with your conscience. A6P1 was written to defend our inalienable rights of conscience.

Our founders realized the danger of state interference in the formation of student values through public instruction. They knew England trampled rights of conscience through its Acts of Uniformity in the 1550’s.

Why does this matter? Look at the endless battles being waged in our public schools with parents arguing over values, and the long list of legislative solutions that are being proposed to escape the consequences of those incompatible values. It’s a significant problem.

Under the exclusive rights clause NH taxpayers were allowed to switch districts, much like they used to switch parishes when taxpayers supported the ministry. Switching districts is the relief valve that prevents discord. NH had nearly 3,000 school districts at the end of the 1800’s. There was no need to fight over uniformity of values in curriculum, grading, behavior modification, etc. when you could form districts based upon shared values, and build strong communities of like-minded individuals.

A taxpayer could inform his town clerk by April of his intention to switch districts, and the education portion of his property taxes would go to his new school district. If there were no compatible districts, he could join with his neighbors to create a new district.

All education promotes values. The only question is: whose values?

There needs to be a sense of urgency to restore A6P1. The lack of constitutional authority to collect property taxes for public education will result in millions of dollars of tax abatements. How will those lawsuits be resolved? The enabling language in A6P1 to collect taxes has been removed.

Our inability to join districts that promote compatible values has resulted in turmoil, anguish and budget problems as students leave districts without adequate notice after budgets are approved. Districts will be destroyed with these new state mandates to fund outgoing students while families are stuck behind funding districts that promote incompatible values. There are proposals for universal open enrollment, tax caps, centralizing SAUs at the county level, and even a proposal to convert all locally governed public schools into state-chartered schools. One might think that the goal is to destroy school districts, undermine our values and bankrupt taxpayers.

State regulated programs create privileges, which are very different from recognizing and exercising our rights. The state has essentially created Acts of Uniformity instead of upholding our inalienable rights.

Why not resolve the problem by respecting each other’s values?

Proposals to restore A6P1 have been submitted to the legislature before. Only this time we have mounting tax abatements and students exiting incompatible districts. Perhaps it’s finally time to fix the problem.

Folks who are happy with the values being taught in their district can certainly continue. Nothing should hinder them. Districts can continue to collect state and federal money to fund these uniform programs if they so choose.

But others who aren’t happy can create districts that eliminate the uniform mandates, data collection, assessments, etc. Think of it as community-based home education in action.

If A6P1 is restored, there won’t be any need for Education Freedom Accounts. Students can learn in districts that share their values. Public funding of non-public schools is wrong on so many levels. There’s the loss of independence of private education due to regulation. There’s also the compelled funding of incompatible values of “another persuasion.”  

I hope the legislature can work together to uphold and restore our rights of conscience under Art. 6, Pt. 1. I’ve included the original and current versions of this article below.

I’ve also included my proposed amendment language. It adds the essential language without restoring the “obsolete sectarian references.”

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CACR28: Proposed 2026 Voters Guide:

In 1968 critical language was eliminated from Art. 6 P.1 without public discussion: 

(1) Authority to collect local property taxes to fund public schools was removed. This may result in millions of dollars in tax abatements unless restored.

(2) Also removed was the “exclusive” right clause and prohibition against compelling support for instruction of incompatible values despite holding “another persuasion,” or belief, on these same issues. 

The following amendment restores both issues:

CACR28: Proposed 2026 Amendment to Art. 6, P.1:

Art. 6th. As morality and piety, rightly grounded on high principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society through public instruction; therefore, to promote those important purposes,

the people of this state have a right to empower, and do hereby fully empower the legislature to authorize from time to time, the several townscities, or school districts within this state, to make adequate provision at their own expense, for the support and maintenance of public teachers:

Provided notwithstanding that the several towns, cities, school districts, parishes, bodies-corporate, and religious societies shall at all times have the exclusive right of electing their own teachers, and of contracting with them for their support or maintenance, or both. [Exclusive Rights clause]

But no person shall ever be compelled to pay towards the support of the schools of another persuasion, sect or denomination. 

And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established. 

199 words

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Original 1784 Article 6, P.1:

VI. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due subjection: and as the knowledge of these, is most likely to be propagated through a society by the institution of the public worship of the Deity, and of public instruction in morality and religion; therefore, to promote those important purposes, 

the people of this state have a right to impower, and do hereby fully impower the legislature to authorize from time to time, the several towns, parishes, bodies-corporate, or religious societies within this state, to make adequate provision at their own expence, for the support and maintenance of public protestant teachers of piety, religion and morality:

Provided notwithstanding, That the several towns, parishes, bodies-corporate, or religious societies, shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance. [Exclusive Rights clause]

And no portion of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination. 

And every denomination of christians demeaning themselves quietly, and as good subjects of the state, shall be equally under the protection of the law: and no subordination of any one sect or denomination to another, shall ever be established by law. And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain, and be in the same state as if this constitution had not been made.

275 words

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As presented to voters in 1968:

Art. 6th. As morality and piety, rightly grounded on high principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society, 

therefore, the several parishes, bodies corporate, or religious societies shall at all time have the right of electing their own teachers and of contracting with them for their support or maintenance or both. 

But no person shall ever be compelled to pay towards the support of the schools of any set or denomination. 

And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established.

131 words

NOTE: There is currently a typo in the state constitution since the 1987 edition of the NH General Court Manual. A comma was inserted between “bodies corporate”. The error is also in the online version of the state constitution. However, if you refer to the constitution published in the current RSA volumes, that error is not present. I’ve notified the Secretary of State and am waiting for a response.

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