Baptist News Global
Sections
  • News
  • Analysis
  • Opinion
  • Curated
  • Podcasts
    • Stuck in the Middle With You ↗
    • Madang with Grace Ji-Sun Kim ↗
    • Highest Power: Church + State ↗
    • Non-Disclosure: The Silenced Stories of Kanakuk Kamps Survivors ↗
    • Change-making Conversations ↗
  • Storytelling
    • Faith & Justice >
      • Charleston: Metanoia with Bill Stanfield
      • Charlotte: QC Family Tree with Greg and Helms Jarrell
      • Little Rock: Judge Wendell Griffen
      • North Carolina: Conetoe
    • Welcoming the Stranger >
      • Lost Boys of Sudan: St. John’s Baptist Charlotte
      • Awakening to Immigrant Justice: Myers Park Baptist Church
      • Hospitality on the corner: Gaston Christian Center
    • Signature Ministries >
      • Jake Hall: Gospel Gothic, Music and Radio
    • Singing Our Faith >
      • Hymns for a Lifetime: Ken Wilson and Knollwood Baptist Church
      • Norfolk Street Choir
    • Resilient Rural America >
      • Alabama: Perry County
      • Texas: Hidalgo County
      • Arkansas Delta
      • Southeast Kentucky
  • More
    • Contact
    • About
    • Donate
    • Associated Baptist Press Foundation
    • Planned Giving
    • Advertising
    • Ministry Jobs
    • Subscribe
    • Submissions and Permissions
Donate Subscribe
Search Search this site

They’re back

OpinionEllis M. West  |  April 21, 2014

In 1963 the U.S. Supreme Court held that school-sponsored prayer and Bible-reading in the public schools violate the First Amendment clause prohibiting laws “respecting an establishment of religion.” The Court said that the clause was intended to protect religious freedom by preventing the government from legislating on religious matters, i.e., from passing laws whose purpose or effect is primarily to advance or hinder religion in general, any particular religion, any religious belief or practice, or any persons because of their religion.

Today most Christians accept and appreciate the Court’s decision. They understand that laws promoting Christianity not only discriminate against other religions but undermine the integrity of Christian faith.

Some persons, however, still resent the Court’s 1963 decision, and recently they devised an ingenious way of circumventing it. They drafted a law, one that has already been adopted by Mississippi and Tennessee and perhaps others states, which was recently passed by the Virginia General Assembly but vetoed by the state’s governor.
Regrettably, in order to win support for the law, its drafters disguised it as one that protects the religious expression of public school students. In Mississippi it is titled “The Student Religious Liberties Act of 2013.”

Even newspaper reporters have been deceived. In Virginia, articles in the Richmond Times-Dispatch described the proposed law as one “that would allow students to pray or engage in religious activities or religious expression before, during and after the school day” or to “wear faith-themed clothing on public school property at public events.” Naturally, many persons are wondering why Virginia’s governor would veto such a bill.

The reason persons have misunderstood the law’s real purpose is because it does contain provisions supposedly giving public school students the right to pray publicly and otherwise express their religious beliefs. These provisions, however, are misleading because they imply that students do not already have such a right — which is patently false. Numerous Supreme Court decisions have made it perfectly clear that because of the First Amendment, religious expression by anyone, including students, must be protected just as much as other kinds of expression are protected — provided the expression is not coerced, sponsored, promoted or endorsed by any agency or person representing the government.

Thus, lower federal courts have held that students may wear religious jewelry, express a religious viewpoint in class assignments and, outside of classrooms, distribute religious messages and invitations to religious meetings. Even religion-based messages on T-shirts that condemn homosexuality, abortion and Islam have been allowed by most federal courts. In those cases where student religious expression was not allowed, it was not because the expression was religious, but because it interfered with the educational program or violated the rights of others.

Given these court decisions, there is no need for state laws protecting the religious liberty of students. This is not to deny that occasionally, either out of ill will or ignorance of the law, some school official or teacher may prohibit a student’s religious expression. For example, recently in Tennessee a student in an after-school program was not allowed to read the Bible, but the American Civil Liberties Union quickly condemned the prohibition as unconstitutional and acted to protect the student. There is, moreover, no evidence that this kind of infringement of religious expression is occurring often, and even if it were, the passage of another law would not prevent it. The only reason, therefore, for the provisions in the law supposedly protecting students’ religious liberty is to seduce persons, including legislators, into accepting the other part of the law — the part designed to return school-sponsored prayer and Bible-reading to the nation’s public schools.

What, then, is in the rest of the law? Its crucial provision requires all schools to create “a limited public forum at any school event at which a student is permitted to publicly speak.” In constitutional law, a “public forum” is a place or event on government property at which persons can say just about anything that they want to say on any subject. A “limited public forum” is one at which only certain persons, say, students, can speak and only on a certain subject, say, immigration policy. A public forum can be a one-time event at which several persons speak or a series of events at each of which only one, but not the same, person speaks.

In either kind of public forum, the government may not attempt to control or even influence the viewpoints expressed. For this reason, the law in question requires that student speakers at public school events be selected on some “neutral” basis, e.g., randomly, and that the schools publicly state that they do not endorse anything the students say.

Why does the law require that all school-sponsored events at which students speak be public forums? The answer: If schools decide to have opening remarks at the beginning of each school day, school assembly, and/or athletic event, and if students are asked to deliver these remarks, then if students say prayers and/or read Scripture during these opening remarks, and they are public forums, a school can claim that it is not sponsoring or endorsing the prayers or Scripture and, thus, is not violating the establishment clause of the First Amendment.

Once such a law is passed, what will happen? In those states or parts of states where most persons are Christians, most school systems will pick students to deliver opening remarks each school day and at other events, and those students, on their own or because of pressure from parents, ministers and peers, will be very likely to say a prayer or a Christian devotional. Once a few students do this, others will find it difficult not to continue doing it. The few non-Christians will have to suffer in silence. This is the result for which the supporters of the law are hoping.

Eventually, however, the practice is very likely to be declared unconstitutional, because the schools will still be sponsoring the events involving prayer and Bible-reading. In contrast, schools in religiously diverse areas will probably choose not to have students speak at school-sponsored events because they could easily degenerate into verbal warfare between students of different religions. Schools in other areas will simply not know what to do.

To avoid such a mess and keep the schools out of the business of promoting Christianity, Baptists who believe in religious liberty should speak out against this so-called “student religious liberty” law and work to prevent additional states from adopting it.

Share this:

  • Share on X (Opens in new window) X
  • Share on Threads (Opens in new window) Threads
  • Share on Facebook (Opens in new window) Facebook
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • Share on Bluesky (Opens in new window) Bluesky
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on Reddit (Opens in new window) Reddit
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Telegram (Opens in new window) Telegram
  • Share on WhatsApp (Opens in new window) WhatsApp

OPINION: Views expressed in Baptist News Global columns and commentaries are solely those of the authors.
Tags:Commentaries
More by
Ellis M. West
  • Get BNG headlines in your inbox

  • Check out our podcasts

     

     

    Stuck in the Middle
    With You

     

    Madang
    With Grace Ji-Sun Kim

     

     

    Highest Power
    Church+State

     

     

    Non-Disclosure:
    The Silenced Stories
    of Kanakuk Kamps Survivors

     

    Change-making
    Conversations

     

     

  • Politics • Faith • Resistance: by Greg Garrett

    BNG interview series on the state of faith, politics and resistance in our nation.

    See also Greg’s series on Politics, Faith and Mission

     

  • Featured

    • Islamophobia is the next bogeyman

      Opinion

    • The Black Church cannot remain America’s emergency moral infrastructure

      Opinion

    • We are manna

      Opinion

    • Webinar explores religious context of America’s Founders

      News


    Curated

    • Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

      Staunch Israel critic and Gaza trauma surgeon Adam Hamawy wins NJ-12 primary

    • Elderly Christian Among 31 Sentenced In China Church Crackdown

      Elderly Christian Among 31 Sentenced In China Church Crackdown

    • In U.F.O. Files, Some Christians See Vexing Questions — and Demons

      In U.F.O. Files, Some Christians See Vexing Questions — and Demons

    • Christian theologians react to the pope’s ai warning

      Christian theologians react to the pope’s ai warning

    Conversations that Matter.

    © 2026 Baptist News Global. All rights reserved.

    Want to share a story? We hope you will! Read our republishing, terms of use and privacy policies here.

    • Facebook
    • Twitter
    • Instagram
    • LinkedIn
    • RSS
    • 129