A bill mandating Kentucky public schools set aside time each day for students to “pray,” meditate, or otherwise silently exercise “individual choice” passed the state House Wednesday.
House Bill 96 is sponsored by Rep. Daniel Fister (R-Versailles). It passed the House on a 79-17, mostly party-line, vote. Rep. Kim Banta (R-Fort Mitchell) was the only Northern Kentucky Republican lawmaker to vote against the bill.
The bill now goes to the Kentucky Senate, where Republicans hold all but seven seats in the 38-member chamber.
Final passage of the bill would amend a 24-year-old state law that allows – not mandates – public schools to have a daily moment of silence. Current law does not suggest how students spend that minute.
HB 96 would require “all pupils remain seated and silent and make no distracting display so that each pupil may, in the exercise of his or her individual choice, meditate, pray, or engage in any other silent activity which does not interfere with, distract from, or impede other pupils’ exercise of individual choice.” The moment of silence itself would be increased from up to a minute to no less than one minute or more than two minutes.
Schools would be prohibited from instructing students how to spend their moment of silence according to the bill, despite specific mention of “pray” and “meditate” in the legislation itself.
The law that HB 96 would amend does mention prayer, but not in context of a mandated moment of silence. That 2000 law allows public school districts to authorize the recitation of the Lord’s Prayer (typically viewed as a Christian prayer) and the pledge of allegiance to the U.S. flag in public elementary schools as an educational tool. Students cannot be required to participate under the law, which says “Pupil participation in the recitation of the prayer and pledge of allegiance shall be voluntary.”
Louisville educator and Democrat Rep. Tina Bojanowski said during today’s House floor debate on HB 96 that “simply mentioning prayer in this bill raises constitutional concerns.”
“The (U.S.) Supreme Court has noted that there are heightened concerns with protecting students from the subtle course of pressure in elementary and secondary schools that comes from school-mandated religious activities. Because students are impressionable, and their attendance involuntary, courts are particularly vigilant in monitoring compliance with the Establishment Clause ” in public schools, Bojanowski said.
The U.S. Supreme Court has ruled that mandated prayer in public schools runs afoul of freedom from religion in the federal Establishment Clause, which bans the government from establishing a religion. More recent rulings, however, have elicited concern from groups staunchly opposed to blurring any lines between church and state.
For example, in 2022, the Supreme Court drew criticism from the ACLU when it ruled in favor of a Washington State public school football coach (Kennedy v. Bremerton School District) placed on administrative leave for leading team prayer on the field after games.
Before the vote on HB 96 Wednesday, Rep. Sarah Stalker (D-Louisville) suggested school children required to sit silently for a daily moment of silence (should the bill pass) spend that time thinking about socioeconomic issues like food insecurity, homelessness, child abuse, active shooters and “what lawmakers are doing to address any of these real issues.”
Stalker also encouraged high school students eligible to vote to think about why that’s important and “never miss an election.”
Another Louisville Democrat voting against HB 96 was Rep. Daniel Grossberg, who spoke on the floor about the importance of keeping church and state separate.
“While I respect my colleagues’ piety and acknowledge their values, I cannot support this bill, which would bring particular religious rights and practices into our schools and force them upon children who do not share in that tradition,” said Grossberg, who is Jewish.
“Although I could never live without my faith, I couldn’t sleep at night if I thought I was forcing it upon your children,” he said. “I ask you not to force yours upon ours.”
One thing that HB 96 would not do is require students to say the pledge of allegiance to the U.S. flag. Existing law requires local school boards to create a policy allowing, not requiring, school children to say the pledge. Still, Rep. Tom Smith (R-Corbin) spoke nostalgically about the pledge and prayer in his floor comments on HB 96 before casting his vote for the bill Wednesday.
“I’m proud that my grandkids will have this opportunity and I think what we are lacking in our schools from years ago is to stand up and pledge allegiance to our flag, to take time to thank God for our day,” said Smith. “I’m proud to be a yes vote on this.”