Sen. Todd Weiler, R-Woods Cross, is working on a bill patterned after a new law in Mississippi that he says will better protect the religious rights of students in public schools.
But the group Atheists of Utah says it looks like an end run around recent Supreme Court decisions by seeking to allow prayer in morning announcements, football games and graduation — and will "further separate and ostracize" youths who belong to minority religions or no faith. They contend it violates the Utah Constitution, if not also the U.S. Constitution.
In short, a different sort of Utah holy war is shaping up for next year’s legislative session.
Weiler has opened a bill file titled "Religious Freedom for Students." The lawmaker said the legislation is still a work in process but he is using Mississippi’s new Student Religious Liberties Act as a guide.
"It basically affirms religious freedoms of students and public schools," Weiler said, "and teaches educators how to protect students’ rights."
The Mississippi law does such things as specifically protect the right of a student to express a religious viewpoint, use religious content in assignments, form religious clubs or activities at schools and wear clothing or jewelry with religious symbols or messages.
Weiler said he is introducing it at the suggestion of constituents and not because of any major problems with such activities in Utah — although controversies about them have arisen nationally. "It’s more proactive than reactive" to protect religious rights, Weiler said.
While the Atheists of Utah and the American Civil Liberties Union say most of the Mississippi law reiterates rights already guaranteed by the U.S. Constitution and court decisions, they are concerned about one section. It allows schools to designate a brief "limited public forum" at the beginning and end of such activities as sports events, graduations and daily announcements.
A Mississippi summary of the law says, "The significance of designating a limited public forum is that once a student is authorized to speak, the school is not legally responsible for what they say, and therefore would not violate the Establishment Clause if they pray." Schools also must advertise that whatever a student says or does at those times expresses his or her own opinions, not those of the school or government.