Student religious viewpoint expression; limited public forums, school division policy. (HB493)
Introduced By
Del. Scott Lingamfelter (R-Woodbridge)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Limited public forums for student religious viewpoint expression; school division policy. Requires each school division to adopt a policy to permit a student speaker to express a religious viewpoint at all school events at which a student is permitted to publicly speak. The policy shall declare each such school event to be a limited public forum, provide a neutral method for the selection of student speakers, and require each school principal to provide a disclaimer in advance of each such school event that the school division does not endorse any religious viewpoint that may be expressed by student speakers. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 01/06/2014 | Committee |
| 01/06/2014 | Prefiled and ordered printed; offered 01/08/14 14100071D |
| 01/06/2014 | Referred to Committee on Education |
| 01/10/2014 | Assigned Education sub: Elementary and Secondary Education |
| 01/22/2014 | Subcommittee recommends reporting (7-Y 2-N) |
| 01/22/2014 | Subcommittee recommends referring to Committee for Courts of Justice |
| 01/24/2014 | Impact statement from DPB (HB493) |
| 01/27/2014 | Reported from Education (17-Y 5-N) (see vote tally) |
| 01/27/2014 | Referred to Committee for Courts of Justice |
| 01/28/2014 | Assigned Courts sub: Constitutional Law |
| 02/05/2014 | Subcommittee recommends continuing to 2015 |
| 02/12/2014 | Left in Courts of Justice |
Comments
Opposes
The ACLU of Virginia opposes this legislation. It invites unconstitutional school sponsored religious speech. The ACLU of Virginia opposes HB 493 because it is unnecessary and may lead to government sponsored religious speech in schools.
Students’ rights to express and practice their faith in the public schools are already well-protected by existing federal and state laws. The First Amendment already protects students’ voluntary ability to pray and express religious viewpoints. The U.S. Constitution, the Virginia Constitution, and federal and state laws already guarantee that Virginia public school students freedom voluntarily to express their views in class, in their homework and on school grounds.
I oppose this bill because a student's ability to pray voluntarily and express a religious viewpoint is already well protected under the Constitution and the federal Equal Access Act. This bill is unnecessary and may lead to religious speech in schools that is endorsed by (or appears to be endorsed by) the public school and therefore the government. The Bill of Rights is intended to protect the minority from overreaching by the majority. When one religious belief is expressed in circumstances that suggest it is officially endorsed, those who hold other views suffer. The government should not be seen to suggest that one reliegious belief is better than another.