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David
Blount, Editor
The Virginia legislature has treaded carefully in recent
years in the area of religion in the public school setting;
however, several initiatives are worth noting. In 1994, the
General Assembly approved HB
1098, which allowed students to engage in student-initiated
prayer, consistent with constitutional principles of freedom
of religion and separation of church and state. The same year,
HB
1274 directed the Board of Education to develop guidelines
on prayer and other religious expression in schools (guidelines
were issued in 1995). Amidst considerable debate during the
2000 legislative session, the legislature endorsed SB
209 to require, rather than authorize, the daily observance
of a (one-minute) moment of silence in every public school
classroom, during which students may meditate, pray, or reflect
or engage in any other silent activity. The bill also directed
the Attorney General to provide legal defense of the law,
which was challenged in court shortly after its July 1 effective
date. The 2000 General Assembly also endorsed HJR
71, which urged Congress to propose an amendment to the
U. S. Constitution to allow for voluntary school prayer. The
resolution cited various high profile acts of violence that
occurred at schools, as well as federal legislation to allow
for individual and group prayer in public schools and other
public institutions.
In 2001, the legislature had extensive debate over HB
1613, which would have required the posting of thecnational
motto, “In God We Trust” in each public school building.
After easily passing the House, the bill ran into stiff opposition
in the Senate Education and Health Committee, which defeated
it by sending it to the Senate Finance Committee. Meanwhile,
despite scattered opposition, the legislature approved HJ
493, which expresses the General Assembly’s support
for the national motto and encourages the public display of
it in all public buildings and public schools in the state.
Finally, SB 1391 requires the Board of Education to authorize
an elective high school course in comparative religion.
As evidenced by bills submitted during recent sessions, the
General Assembly likely will continue to entertain debate
on legislation that touches on the religion in schools issue.
1994 - HB 1098, HB 1274
2000 - SB 209, HJR 71
2001- HB 1557 (moment of silence), HB 1613, SB 1391,
HJ 493
Several other states also have addressed the “moment
of silence” issue in recent years. Both North Carolina
and Arizona passed legislation in 1999 authorizing local school
boards to implement daily, moment of silence observances.
No final action was taken on various school prayer legislation
introduced in the most recent session of Congress. Those bills
proposed amendments to the U.S. Constitution to declare that
nothing in the Constitution shall be construed to prohibit
individual prayer in public schools, to prohibit schools from
including voluntary prayer in official school ceremonies and
meetings, and that government shall not prescribe the content
of such prayer. The House of Representatives approved and
sent to the Senate a resolution that expresses the sense of
Congress that prayers and invocations at public school sporting
events contribute to the country’s moral foundation
and urging the Supreme Court to uphold their constitutionality
(the Court this past year barred student-led prayers at school
football games). Finally, a Senate bill would have denied
federal funding to states or localities if they prevent constitutional
prayer in schools.
THOMAS
Education Commission
of the States
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