Four church-state separationist groups have sent a letter to Texas school superintendents and school boards warning them a law enacted by the Texas Legislature this year is unconstitutional and they should not take the bait.
Not said explicitly in the letter, but confirmed to BNG by a spokesperson for the groups behind the letter, is the likelihood that any school district following through on a new provision to hire unlicensed “chaplains” to replace school counselors should anticipate legal challenges.
The Texas law — pushed by a Christian nationalist group out of Oklahoma — will be found unconstitutional when put to a legal challenge, according to the American Civil Liberties Union, the ACLU of Texas, Americans United for Separation of Church and State, and the Freedom from Religion Foundation.
“We thus urge you to vote against adopting a chaplaincy policy and to decline to hire or accept chaplains in your schools.”
“Hiring or otherwise allowing chaplains in public schools would amount to state-sponsored religion and lead to religious proselytization and coercion of students, as well as other violations of the U.S. and Texas Constitutions,” the June 26 letter says. “We thus urge you to vote against adopting a chaplaincy policy and to decline to hire or accept chaplains in your schools. We will closely monitor the implementation of the chaplaincy legislation across Texas and will take any action that is necessary and appropriate to protect the rights of Texas children and their parents, who practice a wide array of faiths or none at all.”
Senate Bill No. 763 not only allows schools to replace licensed counselors with volunteer or paid chaplains, it requires all school boards to vote on whether to adopt such a policy no later than March 1, 2024.
“The primary role of chaplains is to provide pastoral or religious counseling to people in spiritual need,” the letter explains. “Allowing them to assume official positions — whether paid or voluntary — in public schools will create an environment ripe for religious coercion and indoctrination of students. This is especially true under S.B. No. 763 because the law provides that school chaplains are ‘not required to be certified by the State Board for Educator Certification.’”
That means such chaplains are not likely to have “the training and experience necessary to ensure that they adhere to public schools’ educational mandates and avoid veering into impermissible religious counseling and other promotion of religion.”
Worse, the letter charges, the new law appears to be structured to offer unconstitutional religious guidance, the letter continues. “The legislation’s sponsor, Sen. Mayes Middleton, proclaimed in committee that chaplains ‘represent God in our government’ institutions.”
“Religious freedom requires that parents — not school officials or state legislatures — direct their children’s religious education,” said Rachel Laser, president of Americans United. “Families should be able to trust that their children will not have a particular religious perspective forced on them while attending public schools. Replacing trained school counselors with religious chaplains violates the religious freedom of every student and family in Texas. Americans United is prepared to defend the separation of church and state and ensure Texas public schools are welcoming and inclusive for all students.”
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