American flag waving in blue sky
Written by Don Byrd

State Senator Bill Stanley says he will introduce an amendment to the Virginia Constitution that would ensure the right to pray publicly. If you thought your right to pray in public was already protected by the First Amendment to the U.S. Constitution, you’re right! But that’s not stopping Stanley, who seems to have a different agenda: trying to protect state-sponsored prayer. The Franklin News-Post has more:

The proposed amendment (SJ287) would add language to the freedom of religion provision that “the Commonwealth shall not coerce any person to participate in any prayer or religious activity, but shall ensure that any person shall have the right to pray individually or corporately in a private or public setting so long as such prayer does not result in disturbance of the peace or disruption of a public meeting or assembly.”

The amendment specifies that “citizens as well as elected officials and employees of the Commonwealth and its political subdivisions shall have the right to pray on government premises and public property so long as such prayers abide within the same parameters placed upon any free speech under similar circumstances.”

Of course, elected officials and employees of the Commonwealth have the same right to pray as everyone else. That’s why I would suggest they are already covered under “citizens.” Notably, Stanley is not a stranger to church-state litigation, having defended a town in a challenge to its opening prayer policy at government meetings. This proposed measure, however, will not save government-sponsored, sectarian prayer from failing First Amendment scrutiny, and it fails to provide any other rights to pray not already guaranteed by law.