Alabama school prayer bill now includes all religions; requires Pledge of Allegiance

Republican lawmakers are walking back a bill that would have required Alabama schools to start their day with a Christian prayer.

HB231, sponsored by Rep. Reed Ingram, R-Pike Road, originally required all K-12 public schools to recite the Pledge of Allegiance and “a prayer consistent with Judeo-Christian values” at the beginning of each school day.

Now, a new version of legislation includes all religions, and lets local boards of education decide whether their schools should make time and space for students to pray together.

Ingram’s bill is one of several pieces of religious legislation that have drawn pushback from superintendents and free speech advocates, among others. A Ten Commandments bill, championed by Gov. Kay Ivey, also was whittled down after a heated debate last month.

A Senate committee on Wednesday also approved SB229, filed by Sen. Shay Shelnutt, R-Trussville, which could make it easier for public school students to receive religious instruction during the school day.

Prayer bill

The original version of HB231 passed in a state government committee in February, but Ingram said he went back to the drawing board to avoid litigation and to address concerns from educators. The ACLU of Alabama publicly opposed the original version, saying it violated First Amendment rights and would create “a hostile educational environment for students who do not adhere to state-sanctioned religious practices.”

In updated language, school-sponsored prayer could not occur during the class day, and students would need to get consent from a parent to participate.

The Senate’s education policy committee approved the amended SB229 on a voice vote Wednesday.

“I’m a Christian and have been and always will be, but I do respect other religions as well, too,” Ingram told committee members. “Other people come into this country with their beliefs, and that’s their right and opinion.”

Ingram’s bill also would make an amendment to the state constitution requiring all public schools to conduct the Pledge of Allegiance.

Students and staff who wish not to recite the pledge would still be able to do so, but schools must have a policy in place, he said. If they refuse to do so, they could risk up to a quarter of state funding.

“It’s what the people would want for the State of Alabama to do,” he said.

Religious release time

Current law allows public schools to let students leave campus for religious instruction for a possible elective credit. The new bill would make sure all districts have a clear policy on religious release time.

A House committee defeated an identical bill, HB342, earlier this month, citing concerns that it would place more regulations and liability on schools. Proponents, including LifeWay, a major provider of Christian resources, said it would put school districts on the hook to answer to students and parents who want more educational options.

Shelnutt maintains that his bill would still allow for local control and would keep religious release time completely optional.

“Parents are not aware of the policies and then they go to ask and they’re just told ‘no.’ They’re not given any kind of reason,” he said. “It’s something that’s wanted and needed, and there’s just some entities that don’t want to come up with a policy, don’t want to say why they’re not going to allow it – I guess they don’t want to defend their bad policies.”

But the bills have gotten broad opposition from the state superintendent association and even some ministers, who feared they would open the door for extremist groups.

“When it says religious, am I now going to have to release students to go and sacrifice goats, or some type of Satanic thing?” Ben Baker, a deacon at Ariton Baptist Church, said in a lively public hearing last week. “I can’t live with that.”

Democrats said Shelnutt’s bill, as well as others making their way through the legislature, are more about enforcing “Christian nationalism” than ensuring individual freedoms.

Sen. Rodger Smitherman, D-Birmingham, voted to get the bill out of committee, but is hopeful sponsors will consider changes to make sure principals and school officials aren’t held responsible for any problems that could occur off campus.

Sen. Kirk Hatcher, D-Montgomery, who has ministered at some private schools, echoed Smitherman’s concerns and worried programs would cut into valuable class time.

He added that the bill could violate certain constitutional rights, and said the responsibility should fall on parents to help guide their children’s faith.

“I’m always concerned about where this comes from, because I do know that there’s a slippery slope to this kind of legislation,” he said. “I would love if we had legislation that could legislate people’s hearts. But we can’t. We don’t get to do that.”

Both bills will head to their respective chambers in the House and Senate for a full vote.