Washington, USA - U.S. Sen. Robert C. Byrd introduced a proposed constitutional amendment on Thursday to allow — but not require — voluntary prayer in public schools and extracurricular events.
Byrd said the First Amendment was never intended to bar voluntary expressions of religion. The amendment says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.’’
“In my opinion, too many have not given equal weight to both of these clauses. Instead, they have focused only on the first clause, which prohibits the establishment of religion, at the expense of the second clause, which protects the right of Americans to worship as they please,’’ Byrd said in a speech to the Senate.
“It seems to me that any prohibition of voluntary prayer in school violates the right of our school children to practice freely their religion. And that’s just not right,’’ Byrd said.
Byrd, D-W.Va., offered similar proposals in 1962, 1973, 1979, 1982, 1993, 1995 and 1997.
The latest amendment would have to be approved by Congress and the legislatures of three-fourths of the 50 states within seven years of the congressional vote.
Byrd said the men who wrote the U.S. Constitution believed in a Supreme Being and were proud of their faith.
“I believe that, in ruling after ruling, U.S. courts led by the Supreme Court have been moving closer and closer to prohibiting the free exercise of religion in America. It chills my soul,’’ Byrd said.
Andrew Schneider, executive director of the American Civil Liberties Union of West Virginia, said the amendment is not necessary because individual students already can pray.
“When the rights of individuals to express their beliefs has been abridged by the government, we have come to their defense in many cases,’’ Schneider said.
Schneider noted that Byrd previously has said that the Constitution should not be tampered with unnecessarily, and the ACLU agrees.
The U.S. Supreme Court has ruled in separate cases that school prayer and moments of silence in schools are unconstitutional.
The court also has said that prayers at public school graduation ceremonies are unconstitutional, as are student-led prayers over public address systems at public school football games.
Byrd’s proposed amendment reads, “Nothing in this Constitution, including any amendment to this Constitution, shall be construed to prohibit voluntary prayer or require prayer in a public school, or to prohibit voluntary prayer or require prayer at a public school extracurricular activity.’’
Byrd said the amendment would not permit a school to advocate a particular religious message.
Byrd talked about the recent death of his wife, Erma, and the role of prayer in their life together. But Byrd told The Associated Press that the timing of his reintroduction of the proposed amendment has nothing to do with his wife’s death.
“The right time is now,’’ Byrd said. “If not now, when?
“It’s an important step to getting the country on the right track,’’ Byrd said. “We need to get back on our knees in this country, get back to the things our forefathers believed in.’’
Byrd, 88, is seeking a record ninth term in this year’s elections.
Two Republicans seeking the GOP nomination to challenge Byrd in November said there is no need for such an amendment. Morgantown businessman John Raese questioned whether Byrd’s proposal was driven by election year politics. Rick Snuffer, a home builder and pastor, said the problem isn’t the Constitution but federal judges who fail to uphold it.
Byrd told the Senate the importance of prayer is recognized by nearly every denomination. Those who think it is offensive “need only close their ears.’’