Tennessee lawmakers will consider a bill that would allow voluntary prayer and Bible studies in state schools and public charter schools.
House Bill 1491, by Rep. Gino Bulso, R-Brentwood, said the prayer time could be silent or groups could have a designated prayer time. Parents would be required to give schools written permission for their children to participate.
The 1962 U.S. Supreme Court decision Engel v. Vitale banned prayer in public schools. The case was based on the Establishment Clause of the First Amendment of the U.S. Constitution. Bulso said the court did not correctly understand the history of that clause.
"The Establishment Clause of the United States Constitution restricts only laws enacted by Congress, and the 14th Amendment of the United States Constitution offers no support for requiring states to comply with the restrictions that the Establishment Clause imposes on Congress," according to the bill, which is named the Protecting Religious Liberty and Expression in Public Schools Act. "This Legislature enjoys the power to extend protection to religious liberty and freedom of expression and to provide redress against deprivations of these liberties."
