Written by Don Byrd
By a narrow 20-18 vote, the Virginia State Senate yesterday passed a bill (SB 236 – see previous post here) that seeks to expand the religious expression rights of students in public schools. The bill would require school districts to implement policies allowing students with any speaking role at school events the right to express religious views. The principal would offer a disclaimer clarifying that the student is not expressing the views of the school.
Proponents of the bill argue this approach will lessen the likelihood of litigation over religious expression because the school is protected by the disclaimer and the student is protected by the explicit right to express his or her views. But is that true?
The Roanoke Times coverage includes some counter-arguments of the bill’s opponents:
Edwards argued that the bill “could be coercive to students.”
“It could easily be construed, in a certain context, as providing an opportunity for one group of students or one student to have a captive audience of other students and to proselytize those students,” Edwards said.
Sen. Adam Ebbin, D-Alexandria, said the bill would inevitably put one faith above another.
“It’s about who is called to speak and who is not called on to speak … and who is forced to listen,” Ebbin said.
Students expressive rights are well-protected under current law. Allowing school administrators the discretion to control the content of official school events not only protects the school from charges of promoting religion, it helps school’s protect students from being subjected to unwanted proselytizing from their peers. Is there a sufficient reason to upset that balance?
