Senate panel blesses proposed amendment on school religious freedom

A Senate panel has approved a joint resolution that would add religious expression protections in schools to the Florida Constitution.

While the Senate Education Pre-K-12 Committee approved the measure (SJR 1104), there were many questions over its intent.

Senate Democratic Leader Lori Berman of Boynton Beach voted against it, noting that state law already covers religious freedom on school campuses in Florida. She said she thought the measure would exclude minority faiths and wondered why an amendment to the state constitution was necessary.

Sen. Ralph Massullo, an Inverness Republican who sponsored the measure, responded.

“It is in our statute, but sometimes it’s misunderstood,” Massullo said. “Putting this in the constitution enshrines those laws we’ve already passed.”

The measure calls to put a constitutional amendment proposal on the ballot that would add religious expression protections in public schools. It would prevent students from being penalized on assignments or other coursework based on expressing a religious viewpoint, including in artwork produced in school along with other stipulations.

The measure, if approved by 60% of voters, would also allow students to form religious clubs on campus.

Melissa Wilson, a Sunrise lawyer, said during the Committee hearing that the measure is not specific to any religion, so it should move forward.

“As long as it was across the board and it’s not a specific religion, I don’t believe it would affect the separation of church and state,” Wilson said.

Devon Graham, Chair of the Florida Secular Advocacy Team for American Atheists, assailed the proposal.

“The intent behind this bill, the driving force behind it, is Christian nationalism,” Graham said.

But Massullo said the measure does not require anyone to express any religion. It simply allows them to voluntarily express any faith on school grounds. “It would be to foster the students’ freedom.”

The measure is headed to the Senate Judiciary and Rules Committees for review.

A similar resolution (HJR 583) is working its way through the House.

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Janelle Irwin Taylor of Florida Politics contributed to this report.