CONSIDER/APPROVE: WHEREAS, the First Amendment to the U.S. Constitution protects students' religious freedom in public school. Specifically, the Establishment Clause ensures that the government cannot favor any particular religious belief or religion over non-belief, and the Free Exercise Clause ensures that individuals have the right to practice their religious beliefs, free from government inter

Staff Report & Agenda Item Details

5.e. CONSIDER/APPROVE: WHEREAS, the First Amendment to the U.S. Constitution protects students' religious freedom in public school. Specifically, the Establishment Clause ensures that the government cannot favor any particular religious belief or religion over non-belief, and the Free Exercise Clause ensures that individuals have the right to practice their religious beliefs, free from government interference; and WHEREAS, Article I, § 6 of the Texas Constitution guarantees the “separation of church and state” and embodies the principle that “religion is a matter of private conscience with which the state . . . is forbidden to interfere.” Watts v. Watts, 563 S.W.2d 314, 317 (Tex. Civ. App. 1978), writ refused NRE (July 5, 1978), disapp'd on other grounds by Jones v. Cable, 626 S.W.2d 734 (Tex. 1981); and WHEREAS, the Texas Religious Freedom Restoration Act, Tex. Civ. Prac. & Rem. Code § 110.003, prohibits school districts and other government entities from “substantially burden[ing] a person's free exercise of religion”; and WHEREAS, the Texas Education Code § 25.901 affirms that “[a] public school student has an absolute right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school. A person may not require or coerce a student to engage in or refrain from such prayer or meditation during any school activity”; and WHEREAS, the Texas Education Code § 25.082(d) establishes a school district's ability to institute a period of silence during which students may choose to “reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student”; (ACTION ITEM)

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 2.3/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.