A proposed amendment to Florida’s constitution that would formalize the protection of religious expression in public schools may appear on the Nov. 3 general election ballot.
The proposal is known as House Joint Resolution 583 (HJR 583) in Florida’s House of Representatives and Senate Joint Resolution 1104 (SJR 1104) in Florida’s Senate.
The joint resolution proposes an amendment to Florida’s constitution that would protect students, parents and school personnel against discrimination on the basis of their religious views and expressions.
The proposed amendment to Florida’s constitution aims to protect religious expression in public schools, supporters say. It is on track to appear on the Nov. 3 general election ballot. If passed by a 60% majority of voters, it will add six current protections and one new protection to the state’s constitution.
The six protections are:
The proposed amendment includes one other form of religious expression that is not currently protected under Florida law or the U.S. Constitution. It would require high schools participating in a championship or series of contests to have an opportunity to make opening remarks using the public address system at the event, if requested by the school. The remarks may include student-led or school personnel-led prayer but may not be derogatory, rude or threatening or longer than 2 minutes.
State Rep. Chad Johnson voted yes on the proposed amendment. He said he doesn’t believe it will cause much change, but he hopes there will be an increased comfort level of prayer associated with any organization.
“I think over the last 20 years that the comfort level to profess one’s faith has been somewhat diminished,” he said.
He said he doesn’t view religious expression in public schools as problematic, noting that every state House session opens with a prayer despite being a government entity.
University of Florida law professor Timothy McLendon said the proposed amendment, as a need, is probably redundant.
“Legally, it’s hard to see how it adds anything to what a student is already able to do,” he said.
Florida Rep. Anna Eskamani voted no on the proposed amendment. In her statement on the state House website, she said she voted no on HJR 583 because Florida law already protects religious expression in public schools, and it risks undermining long-standing constitutional protections for religious freedom and government neutrality. She also said current state and federal law already protect students’ right to express religious beliefs in coursework, attire and voluntary activities without discrimination.
“HJR 583 goes beyond protecting individual religious expression and instead opens the door to confusion, litigation and the erosion of the separation between church and state,” she said in her explanation.
Johnson said he sees the proposed amendment differently.
“The right to religious freedom is a God-given right that deserves the utmost protection,” he said. “Those statutes can be changed by any future legislator, but the constitutional protections are far more secure.”
He said HJR 583 allows voters to ultimately decide whether Florida’s Constitution will be amended.
The proposed amendment to allow student or school personnel-led public address system remarks, including prayer, prior to a high school contest is not a current protection under Florida law.
“That part of the law raises my eyebrows,” said Bambauer.
She said that, as she understands, when school personnel make remarks over a public address system, the case goes from voluntary participation of students to an official religious act.
Johnson said he didn’t see a problem with the proposed amendment’allowing school personnel to lead prayer during pre-contest public address remarks at high school events.
“It’s not problematic to me,” he said.
HJR 583 was filed Dec. 2, in Florida’s House of Representatives and introduced by state Rep. Chase Tramont. Since then, it has been referred to the Education & Employment Committee and the Education Administration Subcommittee, both of which ruled the proposed amendment favorable on Jan. 14 and Jan. 22, respectively.
HJR 583 passed the Florida House with a vote of 93 “yeas” and 17 “nays.”
State Sen. Ralph Massullo introduced SJR 1104 to the Florida Senate and it was filed on Jan. 5. After being referred to the Education Pre-K – 12 Committee and the Judiciary Committee, both ruled the proposed amendment favorable.
SJR 1104 now must be read and voted on by its final committee, the Rules Committee. If rules deems the joint resolution favorable, it will be placed on the Florida Senate calendar for floor consideration. If three-fifths of senators approve the proposed amendment, it will appear on the Nov. 3 general election ballot.
Voters will ultimately decide whether Florida’s Constitution will be amended. If 60% of voters approve the proposed amendment, it will be scheduled to take effect on Jan. 5.
Florida Legislature weighs state amendment for religious expression in public schools – WUFT
