public school events

Student Religious Liberty Bill In House Committee Monday Morning!

On Monday morning, the House Education Committee will vote on SB 236, a priority for The Family Foundation that protects the rights of public school students to express their faith at various school events. Its patron is Senator Bill Carrico (R-40, Galax), a longtime defender of religious liberty in the General Assembly. Curiously, the bill has caught the attention of Governor Terry McAuliffe. Based on existing law in two states that has not been challenged in the courts, Senator Carrico's bill would create what the law calls "limited public forums" at certain public school events, which restrict schools from censoring subject matter simply because it is from a faith perspective. The schools can still "limit" the speech to the matter at hand; for example, a graduation speech must be about graduating, but it can contain statements about the importance of faith, etc.

The bill also protects students' rights to organize prayer groups, have events such as "see you at the pole" gatherings, wear clothing with religious expression, and he like. The bill is based on federal court precedent.

Opposition to a similar House bill earlier this session was fierce and misleading. Coming from the ACLU and other groups, the opposition claimed that the bill was an attempt to circumvent Supreme Court rulings concerning school prayer, but the bill isn't really about school prayer — it's about freedom of speech and association. Opponents also expressed concern that the bill could be "dangerous" and that it is certain to cause lawsuits. But that assertion is baseless. The law has existed in two states for several years but has not elicited lawsuits.

ACTION: Please click here for members of the House Education Committee and urge their support of SB 236 on Monday! 

 

Student Freedom Of Speech Bill Passes Senate!

Tuesday afternoon, the Virginia Senate passed SB 236, legislation that will clarify the free speech and religious liberty protections of public school students. The bill, a high priority for The Family Foundation, passed by a vote of 20-18, largely along party lines. Senator Bill Carrico (R-40, Galax), a longtime defender of religious liberty, is the bill's patron. Based on existing law in two states that has not been challenged in the courts, Carrico's bill would create what the law calls "limited public forums" at certain public school events, which restrict schools from censoring subject matter simply because it is from a faith perspective. The schools can still "limit" the speech to the matter at hand. For example, a graduation speech still has to be about graduating, but it can contain statements about the importance of faith. The bill also protects students' rights to organize prayer groups, have events such as "see you at the pole" gatherings, wear clothing which express religious sentiments and the like.

Several senators expressed support for the bill, including Senator Tom Garrett (R-22, Louisa). Senator Garrett's passionate defense of freedom of expression and religious liberty as a whole was topped only by his answers to questions posed by an opponent to the bill, Senator Donald McEachin (D-9, Richmond). Senator McEachin, attempting to stump the bill's proponents, asked numerous questions about the supposed need to define various phrases used in the bill. However, he severely underestimated Senator Garrett's knowledge of religious liberty case law. Senator Garrett eagerly and deftly answered McEachin's questions and furthermore challenged him to apply this bill not just to Christian religious speech, but rather to all religious speech. Garrett also argued that students should be allowed to articulate and hear philosophies and beliefs that are unpopular or minority views for the good of their education.

Also defending the bill were Senators Dick Black (R-13, Loudoun) and Richard Stuart (R-4, Fredericksburg). Senator Stuart pointed out that while legislators on both sides of the isle complain about the SOLs and the "teaching to the test without teaching critical thinking," this bill would provide the opportunity for viewpoints that not everyone agrees with to be expressed, which motivates critical thinking.

The opposition misrepresented the legislation by claiming that it would "coerce" students to hear a viewpoint that may be "offensive." Senator Adam Ebbin (D-30, Alexandria) warned of "coercive prayer" to students who are compelled to attend a function. In fact, the bill doesn't offer special protection to religious speech, but simply the same protection that is offered any other type of speech at a school function. It evens the playing field for students who have a religious viewpoint, protecting them from unwarranted discrimination, and only requires school boards to adopt policies that protect that speech.

We appreciate that 19 of 20 Republicans voted to support religious liberty with their votes for the bill, as well as Democrat Senator Phil Puckett (D-38, Tazwell). The only Republican to vote against the measure was Senator John Watkins (R-10, Chesterfield).

A similar bill, HB 493, patroned by Delegate Scott Lingamfelter (R-31, Woodbridge), is working its way through the House of Delegates.