Protecting Religious Liberty and Expression in Public Schools Act Tabled for Summer Study
Children bowing their heads in prayer. (Photo by Pexels)
A bill that would require public schools to set aside a period for prayer and the reading of religious texts, namely the Bible, has been temporarily shelved.
House Bill 1491, sponsored by Representative Gino Bulso, R-Brentwood, was sent to summer study, which means its discussion has been delayed until after the legislative session, in a 12-7 vote during Wednesday’s House Education Committee meeting.
The Bill’s Parameters
Aside from creating a period of prayer, House Bill 1491 calls for legal remedies for those “adversely affected” by anyone not complying with the bill or by the “enforcement of the separation of church and state doctrine or the Establishment Clause.” It also allows for schools to require the period of prayer to occur only before or after regular school hours and for students to sign a written consent form to opt in or out. Students or school employees could still participate in a period of prayer during the school day on their own time.
Bulso presented his bill with an argument that from Tennessee’s foundation until the Engel v. Vitale (1962) U.S. Supreme Court case, prayer in schools was not prohibited. He asserted that his bill aligned with new standards adopted by the Kennedy v. Bremerton (2022) U.S. Supreme Court case, which concluded that the First Amendment protects people engaging in religious activities from “government reprisal.”
“This is a bill that would put voluntary prayer back into our public schools,” Bulso said.
Board Concerns
Representative Kirk Haston, R-Lobelville, expressed concern that accommodating the proposed period of prayer could cause scheduling and personnel issues during school hours.
“We've run into this over the years,” Haston said. “When you do have students who are opting out, those students can't be in the rooms with their instructors at that time, and that leads to having to find other instructors and other school personnel to be with those students, and then trying to fill that time.”
Representative Scott Cepicky, R-Celleoka, said he supported periods of prayer in public schools but suggested teaching the Bible as literature could be an elective rather than a mandatory part of the curriculum because the state doesn’t evaluate its curriculum standards for English-Language Arts for another six years and Social Studies for eight years.
“The implementation of this bill could quite possibly (be) 10 years from now for it even to take effect,” Cepicky said. “I'd be willing to work with you over the summer to come up with a curriculum change or a standards change that implements an elective for prayer, because I think it'd be good for the kids to learn about all the different types of religions out there and be able to compare and contrast.”
