Resolution recognizing right to participate in religious expressions in public schools

Resolution recognizing right to participate in religious expressions in public schools

2006 GENERAL SESSION

STATE OF UTAH

Chief Sponsor: Parley G. Hellewell

Be it resolved by the Legislature of the State of Utah:

WHEREAS, a firm understanding of the proper and lawful role of religious expression is requisite to full participation in public institutions;

WHEREAS, a state of confusion and in some cases fear among the general citizenry exists as to the proper role of religious expression in public schools and other public settings;

WHEREAS, the free exercise of religion is a fundamental right guaranteed by both the United States Constitution and the Utah Constitution;

WHEREAS, the freedom of speech is a fundamental right guaranteed by both the United States Constitution and the Utah Constitution; . . .

WHEREAS, prayer is fundamental to the exercise of both religion and free speech; . . .

WHEREAS, courts have upheld the right of students to spontaneously and nondisruptively pray in school settings, and school administrators and teachers are in no way permitted to discourage such religious expression, including prayer, by a student; . . .

WHEREAS, students participating in the singing of songs that are religious in theme, and expressions often related to holidays that are religious in nature, also enjoy legal protection under the state and federal constitutions; . . .

NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah recognizes the right of public school students to voluntarily participate in prayer, and also in the singing of songs and in expressions related to holidays that are religious in nature, in public schools, within known legal limits of religious expression, tolerance, civility, and dignity as contemplated by this nation's founders.

BE IT FURTHER RESOLVED that a copy of this resolution be sent annually to each student currently enrolled in Utah's public schools, each parent of a student currently enrolled in Utah's public schools, the Utah Parent Teacher Association, the Utah Education Association, the Utah State Board of Education, the Utah State Office of Education, the Utah Association of Counties, and the Utah League of Cities and Towns.

Legislative Review Note: "Based on a limited legal review, this legislation has not been determined to have a high probability of being held unconstitutional."
(Office of Legislative Research and General Counsel)

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