Public schools are required to be secular institutions. Because public schools are funded by taxpayers and because children are more impressionable than adults, these schools have a special obligation not to infringe on the religious rights of their students, parents, and teachers. But what are those rights? Can coaches pray at games or not? Can teachers talk about religion in class? Can students have bible club on campus? Continue reading
Want to keep a secular democracy? Speak up at school board meetings
On March 9th, 2023, at a routine Peoria Unified School District (PUSD) board meeting, a flock of parents showed up, wearing shirts with phrases like “protect our children.” Throughout the meeting, parents hurled insults at the board, superintendent, and administration, violating the public comment code of conduct.
WATCH: Analysis of a Legislative Prayer for Conspiracy Theorists
Yesterday, 6/1/22, State Senator Kelly Townsend (R-16) opened a sham hearing on conspiracy theories with a prayer “in Jesus’ name,” containing dog whistles to anti-Semites, insurrectionists, and more. Continue reading
Now Available: Our Guide to Legislative Invocations
If you’ve been following us, you may already know that it’s common in Arizona for lawmakers to open government meetings with a prayer. Inadvertently or intentionally, many of these invocations have the effect of marginalizing religious minorities and even violating constitutional law. Continue reading
Constituents’ Letters Published About Legislative Prayer, 1st Amendment
Updated 10/21/21: Last week, Secular AZ constituents Ralph Atchue and Deborah Broome each individually contacted us to share letters to the editor they had published in their local newspapers. The topics: prayer at government meetings and the purpose of the 1st amendment . We’re proud to reprint the letters below.
Continue reading
Legislative Prayer in Arizona
by Beth Houck, Secular AZ Legal Committee volunteer attorney
This summer, Secular AZ’s Legal Committee has been reviewing the invocation policies and practices in every county’s board of supervisors’ meetings, and in the city council meetings of the cities that are county seats. It’s a big project, requiring many public records requests and listening to hundreds of hundreds of recordings going back to the beginning of 2020. Continue reading
Children cannot be required to recite the Pledge of Allegiance
State lawmakers worked hard this session to figure out ways to impose groupthink on students. Representative Fillmore from the far east valley and Pinal county introduced HB2060, requiring school children in grades 1-4 to recite the Pledge every morning. Under current law, they may if they like; under Fillmore’s bill — which thankfully died in committee — they would have been required to do so unless their parents wrote an excuse. Continue reading
Does Separation of Church and State Mean Kids Can’t Pray in Public Schools?
Myth: Thanks to separation of church and state, kids can’t pray in public schools.
Some Arizona lawmakers have made headlines claiming that we don’t need to keep guns out of schools; we need to bring more prayer in. Once again, a legislator has introduced a bill (HB2060) to mandate a quiet reflection and moral reasoning time as a way to stick the camel’s nose under the tent.
But as long as there are algebra tests, there will be prayer in school. What the U.S. Supreme Court banned in 1962 (Engel v. Vitale) and 1963 was government-sponsored, compulsory prayer and Bible reading in public schools. Voluntary prayer was never banned but, given the diversity of religions in the U.S. (1,500 to 2,000 estimated), it is a very good idea to prohibit government-sponsored or compulsory prayer.
Prior to those rulings, Jewish and Muslim kids were required to recite Christian prayers. Catholics were required to listen to verses from the King James version of the Bible that was written by the Anglican church that ridiculed the beliefs of the Catholics. The non-religious were required to accept it all. Parents rights regarding how and in what religion to bring up their children were ignored.
Legitimate Educational Goals v. Coercion and Retaliation
Today, young people can pray and read religious books in a non-disruptive way but no one can be compelled or singled out for refusing to do so. Kids can set up religious clubs in non-instructional time but they have to be open to all, student run, and voluntary. Religion can be discussed in classes like history, art, literature and others. The Bible and other religious texts can even be read as part of a comparative religion course. As long as the approach has legitimate educational goals, public school officials will not get into trouble for teaching about religion. This is truly the American way, not coercion and retaliation.
It’s the Bible, after all, that says in Matthew 6:5-6, “And when you pray, do not be like the hypocrites, for they love to pray standing in the synagogues and on the street corners to be seen by others.” Those advocating for public prayer in the school ought to pay attention to their own good books.
The hysteria about praying in schools is just that, hysteria, or perhaps worse. It is the shifting of blame from the state legislature’s refusal to regulate guns as the vast majority of Arizonans want to, claiming that the problem is prayer. It’s the shifting of blame from the state legislature’s depletion of funding for our schools, to blaming our schools’ poor scholastic record on lack of prayer. Those making these claims would not argue that the Koran should be read in class or the Torah or the Humanist Manifesto.
In “Religion in the Public Schools: A Joint Statement of Current Law,” 35 religious and civil liberties organizations give the following summary of the rights of students to express their faith in a public school: Students have the right to pray individually or in groups or to discuss their religious views with their peers so long as they are not disruptive.
The Premise and Promise of Democratic Pluralism
Because the Establishment Clause does not apply to purely private speech, students enjoy the right to read their Bibles or other scriptures, say grace before meals, pray before tests, and discuss religion with other (willing) student listeners.
In the classroom, students have the right to pray quietly, except when required to be actively engaged in school activities (e.g. students may not decide to pray just as a teacher calls on them).
In informal settings, such as the cafeteria or in the halls, students may pray either audibly or silently, subject to the same rules of order as apply to other speech in these locations.
However, the right to engage in voluntary prayer does not include, for example, the right to have a captive audience listen or to compel other students to participate. (Student Religious Expression in Public Schools: United States Department of Education Guidelines)
So first, know the facts: prayer is not excluded, it just cannot be government-sponsored or compelled.
And second, the rules that apply to one, apply to all. The Williamsburg Charter that was signed in 1988 by Presidents Carter and Ford, two then-living Chief Justices, and 200 other leaders states in part:
We affirm that a right for one is a right for another and a responsibility for all. A right for a Protestant is a right for an Eastern Orthodox is a right for a Catholic is a right for a Jew is a right for a Humanist is a right for a Mormon is a right for a Muslim is a right for a Buddhist—and for the followers of any other faith within the wide bounds of the republic.
That rights are universal and responsibilities mutual is both the premise and the promise of democratic pluralism. The First Amendment, in this sense, is the epitome of public justice and serves as the golden rule for civic life.
Rights are best guarded and responsibilities best exercised when each person and group guards for all others those rights they wish guarded for themselves.
Dianne Post
Legal Director, Secular Communities for Arizona
Christians Only: Nonbelievers Need Not Apply?
The AZ Legislature has a long history of discrimination against atheist legislators, who have been repeatedly hazed, harassed, and belittled for opening legislative sessions with secular invocations.
It happened again this week, at our annual Secular Day at the Capitol. Senate President Karen Fann’s Office confirmed that Sen Juan Mendez would give the opening invocation that day, in order to represent the growing number of Arizonans who don’t believe in God. She broke her word and gave the invocation to Senator Mesnard, who gave a (conveniently ready-to-go) Christian prayer.
This action symbolically slapped Sen Mendez and AZ atheists, dozens of whom were in the gallery that day, in the face.
We’re tired of this disrespect toward nonbelieving Arizonans. We’re also tired of the controversy that surrounds public prayer and the petty theatrics it seems to attract.
Arizona can do better.
We’re calling upon Senate President Fann to stop the religious bigotry and end invocations in the Arizona Senate.
Please sign our petition to end invocations in the AZ Senate.
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Tell Senate President Karen Fann: Stop Religious Discrimination at the AZ Capitol
Whereas: All Arizonans have the constitutional right to a secular government and equal protection of the law regardless of their faith or lack thereof, guaranteed by the First Amendment to the U.S. Constitution and Article 2, Section 12 of the Arizona State Constitution. And,
Whereas: The Arizona Legislature has a long history of discrimination against atheist legislators, including Senator Juan Mendez, who has been repeatedly hazed, harassed, and belittled for opening legislative sessions with secular prayers. And,
Whereas: Karen Fann’s Office confirmed that Senator Mendez would give the opening invocation on the Secular Day at the Capitol in order to represent the growing number of Arizonans who don’t believe in God. Then,
Whereas: Karen Fann broke her word and gave the invocation to Senator Mesnard, who previously in his capacity as Speaker of the House ruled atheist Representative Athena Salman out of order for her secular invocation. And,
Whereas: This action symbolically slapped Senator Mendez and atheists across the state, dozens of whom were in the gallery, in the face.
Therefore: I urge you to join the Secular Coalition for Arizona in signing our Demand Letter to Senate President Karen Fann to stop the religious bigotry and end invocations in the Arizona Senate.
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Office of Senate President Karen Fann
State Senator
1700 W Washington Street – Senate
Phoenix, AZ 85007
Dear President Fann,
I am reaching out on behalf of the Secular Coalition for Arizona in support of my Senator, the honorable Juan Mendez, and his application, submitted weeks in advance, to give the opening invocation on February 24, 2020. This date was not chosen casually, nor was the request, made repeatedly in the weeks leading up to the day, a random exercise of Senator Mendez’ right to open the Senate with an invocation. Monday, February 24th was the Secular Coalition for Arizona’s seventh annual Secular Day at the Capitol, in which nonbelieving and interfaith constituents traveled from across the state and from as far away as Kingman to hear the Senator’s invocation.
You can imagine our surprise when, in spite of being on the schedule, Senator Mendez was snubbed at the last moment and the invocation was instead explicitly Christian. If this is, in fact, just a scheduling mistake, then the failure speaks volumes about the Senate President’s priorities, competence, and ability to represent the diverse people and beliefs of Arizona.
If it was not an accident, then we are due for a very different conversation.
The long pattern of discrimination, hazing, and outright exclusion of voices outside the Christian faith speaks to the Legislature’s systemic discrimination against nonbelieving members. The very Senator called upon, and obviously prepared in advance, to give an explicitly Christian prayer instead of Senator Mendez, is the same former Representative who ruled Representative Salman out of order for giving a secular invocation three years before.
State-sponsored prayer inherently leads to polarizing debate. It inherently makes public servants the arbiters of whose faith is represented and whose is ignored. As long as the Senate opens with prayer, the least we can ask is that all perspectives be given a voice. The Constitution, in fact, requires that a government body opening with prayer must include all perspectives and cannot require a reference to a higher power. Town of Greece v. Galloway, 572 U.S. 565 (2014). When public bodies open with prayer, they cannot discriminate based on the views of the person praying. Williamson v. Brevard County, No. 17-15769 (11th Cir. 2019).
February 24 was the the Secular Day at the Capitol, with or without your support. Hundreds of Humanists, atheists, and interfaith allies gathered on the Capitol grounds to speak to our legislators. We support our Constitution and its guarantee of a wall of separation between religion and government. We organize at the local level and maintain dialogue with our legislators throughout the session. You missed your opportunity, Senator, to give Arizona’s growing secular voting bloc the pretense of representation. Now, you have the chance to make it right with meaningful change.
On behalf of the Secular Coalition for Arizona, I must implore you to stop this polarizing circus of invocation discrimination and end invocations at the Arizona State Senate.
Best regards,
Luke Douglas, Esq.
Legal Committee
Secular Communities for Arizona
Executive Director and General Counsel
Humanist Society of Greater Phoenix
627 W. Rio Salado Parkway
Mesa, AZ 85201
“Be the Curators of Inspiration”: Listen to Robert People‘s Secular Invocation
Follow this link to watch Robert Peoples of the Affinis Humanity Coalition deliver a moving secular invocation before the AZ State Senate as a guest of Sen. Andrea Dalessandro and Secular AZ.
For a transcript, visit Patheos Friendly Atheist Blog at: https://friendlyatheist.patheos.com/2019/04/02/humanist-delivers-invocation-in-az-senate-be-the-curators-of-inspiration/?fbclid=IwAR07YMntqGvHQOcTk-1XdC-C8zfSEKJ7Z25YnXoTy3EVdwauaKG6ET5-2X0
“Be the Curators of Inspiration”: Listen to Robert People’s Secular Invocation
Follow this link to watch Robert Peoples of the Affinis Humanity Coalition deliver a moving secular invocation before the AZ State Senate as a guest of Sen. Andrea Dalessandro and Secular AZ.
For a transcript, visit Patheos Friendly Atheist Blog at: https://friendlyatheist.patheos.com/2019/04/02/humanist-delivers-invocation-in-az-senate-be-the-curators-of-inspiration/?fbclid=IwAR07YMntqGvHQOcTk-1XdC-C8zfSEKJ7Z25YnXoTy3EVdwauaKG6ET5-2X0
Secular AZ Lauds Decision Limiting School Board Prayer
Secular Coalition for Arizona
www.secularaz.org
Contact: Tory Roberg, Director of Government Affairs – tory@secularaz.org – 623-570-6396
FOR IMMEDIATE RELEASE: Secular AZ lauds decision limiting school board prayer
(Thurs., July 26, 2018) Phoenix, Ariz. — In a unanimous decision from the Ninth Circuit Court of Appeals yesterday, judges ruled that California’s Chino Valley Unified School District Board was in violation of the Establishment Clause by promoting Christianity with prayers and Bible readings at meetings. Secular Coalition for Arizona calls the ruling a major victory for the separation of religion from government, and warns Arizona school boards to heed the decision.
“It’s wrong for elected officials to use their position as a way to push their religious beliefs during government proceedings,” said Zenaido Quintana, President of the Secular Coalition for Arizona. “Secular AZ is committed to ensuring this doesn’t happen at any government meetings in our state, especially at the school board level where kids might be subjected to evangelizing. The Ninth Circuit validated that our position is on the right side of the law.”
The Court specified that religious activity at school board meetings is not within the legislative prayer tradition that allows certain types of prayer to open legislative sessions. “Unlike a session of Congress or a state legislature, or a meeting of a town board, the Chino Valley Board meetings function as extensions of the educational experience of the district’s public schools,” the Court wrote in its decision. “The presence of large numbers of children and adolescents, in a setting under the control of public school authorities, is inconsonant with the legislative-prayer tradition.”
The lawsuit was brought by the Freedom From Religion Foundation on behalf of two parents of students in the district and twenty Doe plaintiffs (including students, parents, district employees, a former district employee, and attendees of school board meetings).
Quintana says Secular AZ will continue monitoring local government meetings to make sure the religious freedom of students is not being violated by elected officials’ evangelizing.
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The Secular Coalition for Arizona is a nonprofit advocacy organization that works to ensure a secular state government. We lobby on behalf of all individuals who believe that public policy free of religious preference is the best way to ensure freedom of conscience for Arizonans of all faiths and of none. Secular AZ is the local affiliate of the Secular Coalition for America.