Prayer-in-school boosters pass the responsibility for religious ritual to students. But does a majority vote by students to conduct prayer at school events render it constitutional? Is it even fair? The Florida legislature faces this question...

bill in the Florida House of Representatives would permit prayer or the expression of "inspirational thoughts" at public schools functions, including graduation ceremonies and athletic events. The proposal -- HB 1773 -- is sponsored by an ecumenical group of Democrats and Republicans, and enjoys the backing of the Florida Christian Coalition. It is also just the latest chapter in an ongoing battle to bring prayer and other forms of religious expression into the state's public schools.

   In 1996, then-Governor Lawton Chiles vetoed a similar measure which would have supposedly permitted nonsectarian, student led prayer at a number of school functions; that legislation, though, required that the prayer or message meet the approval of local school boards, and be sanctioned by a majority-vote of students. Under HB 1773, however, school boards are required to permit the prayer if approved by the students, as long as other guidelines are met. Section 1 of the bill states: "Such message may not exceed 2 minutes in length and may include, but is not limited to, an invocation, prayer, poetry, or inspirational thought..." In addition, "The message must be given by a student volunteer, chosen by the participating student body." The content of the prayer message is to be prepared by this selected student, "and shall not be monitored or otherwise reviewed by the district school board, its officers, or employers..."

   Sponsors of the bill include Rep. Arlo "Bud" Brown (D-District 79), Rep. Beryl Roberts (D-District 108), Rep. Willye Dennis (D-District 15), Rep. Joseph Arnall (R-District 18), Rep. Alex Diaz de la Portilla (R-District 115), Rep. Johnnie Byrd, Jr. (R-District 62), Rep. Howard Futch (R-District 30), Rep. Victor Crist (R-District 60), Rep.Mark Ogles (R-District 67), Rep. D.Lee Constantine (R-District 37), Rep. Mike Fasano (R-District 45), Rep. Sandra Murman (R-District 56). Rep. Harry Goode, Jr. (R-District 31), Rep. John Morroni (R-District 50), Rep. Durell Peaden, Jr. (R-District 5), Rep. Mark Flanagan (R-District 68), Rep. Bill Posey (R-District 32), Rep. Rob Wallace (R-District 47), Rep. Stephen R. Wise (R-District 13), Rep. Paula Dockery (R-District 64), Rep. J.D. Alexander (R-District 66), Rep. Adam Putnam (R-District 63), Rep. Everett Kelly (R-District 42), Rep. Randy Johnson (R-District 41), Rep. Jerry Melvin (R-District 4), Rep. Randy Ball (R-District 29), Rep. Beverly Kilmer (R-District 7), Rep. Gaston Cantens (R-District 114), Rep. Kenneth Pruitt (R-District 81), Rep. David Bitner (R-District 71), Rep. Jeff Miller (R-District 1), Rep. Lindsay Harrington (R-District 72), and Rep. George Crady (D-District 12).

   A number of the sponsors have ties to religious groups (some of which receive government money for operating social service outreaches), and all list a religious affiliation in their biographical entries. Rep. Roberts, for instance, is a member of Miami River of Life and the African-American Council of Christian Clergy. Rep. Bronson is on the board of Salvation Army. Rep. Randy Ball is involved in the Temple Baptist Church, and Rep. Jerry Louis Maygarden is a former Director of East Hill Christian Schools, and serves as President of the Baptist Health Care Foundation.

   There is also overlap between supporters of this prayer bill, and a measure to fund a government voucher program which would give parents money to spend on tuition for children at private and religious schools. Rep. Alex Diaz de la Portilla, for instance, a Roman Catholics, praised Rep. Gov. Jeb Bush's "A+ for Education" scheme saying, "inner-city children from Hialeah and Miami to Pensacola will have a chance to succeed."

   The Florida proposal is similar to other legislative efforts throughout the country which seek to smuggle prayer into the public schools, and circumvent numerous rulings against mandatory, coercive religious ritual in the classrooms. The wording of the bill includes several important sections:

   ¶    "Solemnization." The term has emerged in school prayer fights in other states including Texas. Invocations or similar activities are described less in terms of being orchestrated religious rituals, and more as devices to create an aura of "solemnity" for the day's proceedings.

   ¶    "Student initiated." By supposedly severing any possible involvement of school officials, teachers or administrators with the prayer, and instead shifting the burden of responsibility to the students, backers hope that legislation such as HB 1773 minimizes the extent of government involvement, and thus might render the legislation constitutionally acceptable.

   ¶    Majority rule." Rather than have the administration or other authorities decide who will lead the prayer, or what the content of the prayer shall be, this decision is supposedly left up to students. One problem, though, is that this scheme would likely result in prayers or other "inspirational messages" which reflect a majoritarian religious view. Religious minorities would likely not fare well under such a program and, of course, Atheist students would be marginalized by any religious ritual.

   American Atheists President Ellen Johnson charges that "majoritarian prayer" sends a bad message to students. "It affirms the faulty idea that any activity, no matter how unconstitutional, invasive or unfair it might be, is OK if the majority of students -- or some other group -- happens to approve it."

   ¶    "Student Expression." Backers of HB 1773 and similar measures justify their legislative proposals as simple protections of student free speech. But is this really the case?

Majority-rule prayer "affirms the faulty idea that any activity, no matter how unconstitutional, invasive or unfair it might be, is OK if the majority of students -- or some other group -- happens to approve it."

--ELLEN JOHNSON, President AMERICAN ATHEISTS

Many social conservatives -- and even political liberals for that matter -- who support "student initiated" prayer under the ruse of free expression are most inconsistent when it comes to supporting other First Amendment rights. Often, they propose dress codes which limit student expression, regulations about distributing controversial political literature, restrictions on student newspaper content, limitations on what kinds of clubs students may form or join (gay, politically radical), even what sort of music students may play and listen to on school property. Free speech is redefined only in terms of "student led" religious expression.

   Prior to becoming governor of Florida, Jeb Bush declared that he opposed "mandatory" school prayer in public schools, but said that he would support prayer that is "not coercive and that is nonsectarian and voluntary." Bush's position was criticized by many groups as being equivocal, since the U.S. Supreme Court declared in decisions such as MURRAY v. CURLETT and ENGEL v. VITALE that "mandatory" prayer and Bible verse recitation was unconstitutional. The courts have also taken a dim view of most "student led" prayer schemes, especially the type now in the Florida legislature.

   During the recent gubernatorial campaign, a spokesman for the Jewish Community Relations Council expressed concerns about the marginalization of students who hold a minority-faith position, and criticized Bush's rhetoric. It's a clear indication that he's trying to have it both ways," declared Sam Dubbin. "Unless Bush comes clean on this issue, I suspect it's going to really boomerang." But John Dowell, executive director of the Florida Christian Coalition said that he "was satisfied that his (Bush's) position was the same as ours."

   Even if it passes, HB 1773 might not survive constitutional muster. It also threatens to divide the state's student bodies, turning graduation ceremonies, athletic events, pep rallies, assemblies and other school functions into potential ideological battlegrounds between competing faith-groups, and even students who object to prayer and orchestrated "inspirational messages" altogether.

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