A proposed amendment to Florida's constitution that would formalize the protection of religious expression in public schools may appear on the Nov. 3 general election ballot.
The joint resolution (HJR 583, SJR 1104) proposes an amendment to Florida's constitution that would protect students, parents and school personnel against discrimination on the basis of their religious views and expressions.
The measure aims to protect religious expression in public schools, supporters say. If passed by a 60% majority of voters in November, it will add six current protections and one new protection to the constitution.
The six protections are:
- A student's right to express religious beliefs in classwork, including artwork, without discrimination, penalty or reward. In an email to WUFT News, University of Florida law professor Jane Bambauer said this protection seems to be inspired by a controversy at the University of Oklahoma, in which a student received a zero on a psychology essay that referenced the Bible.
- A student's right to wear clothing, accessories and jewelry that display a religious message or symbol in the same way that nonreligious apparel is allowed to be worn.
- A student's right to pray or engage in religious activities or expression before, during and after the school day in the same way the student may engage in nonreligious activities or expression.
- A student may organize prayer groups, religious clubs and other religious gatherings in the same way the student may organize nonreligious activities and groups.
- School personnel may participate in student-initiated religious activities on school grounds at reasonable times before or after the school day. This participation must be voluntary and cannot conflict with other responsibilities or assignments.
- Public schools must require teachers to hold a moment of silence in first-period classrooms in all grades without encouraging or discouraging prayer or student interference with participation.
The proposed amendment includes one other form of religious expression not currently protected under Florida law or the U.S. Constitution. It would require high schools participating in a championship or series of contests to have an opportunity to make opening remarks using the public address system at the event, if requested by the school. The remarks may include student-led or school personnel-led prayer but may not be derogatory, rude or threatening or longer than 2 minutes.
State Rep. Chad Johnson, R-Chiefland, voted yes on the proposed amendment. He said he doesn't believe it will cause much change, but he hopes there will be an increased comfort level of prayer associated with any organization.
"I think over the last 20 years that the comfort level to profess one's faith has been somewhat diminished," he said.
He said he doesn't view religious expression in public schools as problematic, noting that every House session opens with a prayer despite being a government entity.
University of Florida law professor Timothy McLendon said the proposed amendment, as a need, is probably redundant.
"Legally, it's hard to see how it adds anything to what a student is already able to do," he said.
Rep. Anna Eskamani, D-Orlando, voted no. In a statement on the House website, she said Florida law already protects religious expression in public schools, and the bill risks undermining long-standing constitutional protections for religious freedom and government neutrality. She also said state and federal law already protect students' right to express religious beliefs in coursework, attire and voluntary activities without discrimination.
"HJR 583 goes beyond protecting individual religious expression and instead opens the door to confusion, litigation and the erosion of the separation between church and state," she said.
Johnson said he sees the amendment differently.
"The right to religious freedom is a God-given right that deserves the utmost protection," he said. "Those statutes can be changed by any future legislator, but the constitutional protections are far more secure."
He said HJR 583 allows voters to ultimately decide whether Florida's constitution will be amended.
The amendment to allow remarks, including prayer, on a PA system is not a current protection under Florida law.
"That part of the law raises my eyebrows," said Bambauer, the UF law professor.
She said that, as she understands, when school personnel make remarks over a PA, the case goes from voluntary participation of students to an official religious act.
Johnson said he didn't see a problem with allowing school personnel to lead prayer on a PA before a high school contest.
"It's not problematic to me," he said.
HJR 583 was filed Dec. 2 and introduced by Rep. Chase Tramont. Since then, it has been referred to the Education and Employment Committee and Education Administration Subcommittee, both of which approved the bill on Jan. 14 and Jan. 22, respectively.
It then passed the full House, 93-17.
Sen. Ralph Massullo introduced SJR 1104, and it was filed on Jan. 5. It was advanced by the Education Pre-K - 12 Committee and Judiciary Committee. The next stop is the Rules Committee. If deemed favorable, the joint resolution will be placed on the Senate calendar for floor consideration. Three-fifths of of the Senate are required for approval.
If passed on Nov. 3, the measure would take effect on Jan. 5.
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