Lawmakers in 29 states have proposed at least 91 bills promoting religion in public schools this year, according to Americans United for Separation of Church and State, an advocacy group backing a lawsuit challenging Louisiana's law. Rachel Laser, its chief executive, said the group tracked 49 similar bills in 2023.
The Supreme Court in 1962 ruled that school-sponsored prayer in public schools violated the establishment clause. But the court, which now has a 6-3 conservative majority, has taken an expansive view of religious rights in some important cases in recent years.
In 2022, it ruled that a Washington state public school district violated the constitutional rights of a Christian high school football coach who was suspended for refusing to stop leading prayers with players on the field after games. In doing so, it abandoned a 1971 precedent that had outlined how to determine if a law violated the establishment clause.
The ruling galvanized conservative Christians, as did the court's decision days earlier rolling back abortion rights.
If new laws on religion and public schools are challenged at the Supreme Court, it will have to answer questions such as whether they make a denominational preference or coerce people to participate in a religion, said law and religion professor Michael Helfand of Pepperdine University in California.
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Should a teacher's right to express their religious beliefs in school be prioritized over a student's right to learn in a secular environment?
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How would you balance the right to freedom of religion with the principle of keeping public education neutral on religious matters?
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Do you think it's fair for public schools to include religious activities, knowing not all students share the same beliefs?
