Missouri House Passes Proposed Constitutional Amendment On School Prayer

Today the Missouri House of Representatives passed and sent on to the Senate HJR 39, that would ask the voters to amend the Missouri Constitution's bill of rights to protect school prayer. If passed by the Senate, the proposed amendment will then go to a vote of the people. The new Art. I, Sec. 5 would read [new language in italics]:

That all men and women have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his or her religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his or her person or estate; that to secure a citizen's right to acknowledge Almighty God according to the dictates of personal convictions, neither the state nor any of its political subdivisions shall establish any official religion, but a citizen's right to pray or to express his or her religious beliefs shall not be infringed; that the state shall not compose prayers nor coerce any person to participate in any prayer or other religious activity, but shall ensure public school students their right to free exercise of religious expression without interference, as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive nor in violation of other policies, rules, or standards, and as long as such prayers or expressions abide within the same parameters placed upon any other free speech under similar circumstances; and, to emphasize the right to free exercise of religious expression, that all free public schools receiving state appropriations shall display, in a conspicuous and legible manner, the text of the First Amendment of the Constitution of the United States; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.

The vote in the House was 134 yes, 17 no, and 3 present. The St. Louis Post Dispatch reported yesterday that proponents of the constitutional amendment say it will prevent litigation and will make clear to students what their rights are. Opponents say it is unnecessary and could create confusion. Democrats failed in an attempt to add a provision that would set a popular vote on the proposed amendment in August. They believe that placing the amendment on the November ballot might draw more Republicans to the polls than otherwise.