Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 9, 1994 TAG: 9402090099
SECTION: VIRGINIA PAGE: C1 EDITION: NEW RIVER VALLEY
SOURCE: BONNIE V. WINSTON STAFF WRITER
DATELINE: RICHMOND LENGTH: Medium
Tuesday, members of the House cleared the way for two bills that would allow children in Virginia's public schools the option of doing the same.
On a voice vote, the House advanced bills sponsored by Dels. David Brickley, D-Woodbridge, and Clinton Miller, R-Woodstock, that would explore having voluntary, student-initiated prayer in school.
While the votes sounded overwhelmingly in favor of the measures, some lawmakers voiced objections and privately discussed fears that the bills would crumble the constitutional walls separating church and state.
Brickley's bill, which generated the most debate Tuesday, would allow students to "voluntarily engage in student-initiated prayer" as long as it is "consistent with constitutional principles of freedom of religion and separation of church and state."
Virginia law allows a minute of silence to be observed in public school classrooms. Brickley acknowledged that nothing in the state's constitution prohibits students' engaging in voluntary prayer.
Del. Bernard Cohen, D-Alexandria, argued that, unlike members of the House of Delegates, students would not be able to leave the classroom while a prayer is conducted.
"The difference between us and them is that our schoolchildren are there by compulsion; we have a state law that mandates their attendance. But I have a choice: I can stand outside the door or go into the members' lounge when the prayer is being said," Cohen said.
Miller's bill, which before Tuesday had been viewed by opponents as the most offensive, received little criticism on the House floor. However, after Miller's bill was heard last week by the House Education Committee, he made several significant changes, which even he admitted softened the measure.
Originally, Miller called for the state Board of Education, in conjunction with the attorney general, to develop guidelines for "voluntary student prayer programs" in public schools. His revisions, passed Tuesday by the House, call for the same officials to develop "guidelines on constitutional rights and restrictions relating to prayer and other religious expression."
According to the bill, the guidelines should address the appropriate role of teachers and administrators, as well as the use of school buildings, equipment, audio systems and class time.
Miller said after the floor debate that he has no intention of "developing any prayer or uniform program," but wants to establish guidelines so that actions are "not disruptive or lead to lawsuits."
But despite the softening of the language in Miller's bill, the threat of a legal challenge is far from over.
"There is some fancy dancing on the language, but the intent is the same. His intent is to get prayer in school," said Kent Willis, head of the Virginia American Civil Liberties Union.
"Does this look like an endorsement of religion in school, and state entanglement with religion? Yes," Willis said. "If individual schools follow the guidelines, and if it results in state-sponsored prayer in school, then it is likely to face a legal challenge."
Keywords:
GENERAL ASSEMBLY 1994
Memo: shorter version ran in the Metro edition.