N.D. Senate affirms right to religious speech in school

By The Associated Press

03.22.01

Printer-friendly page

BISMARCK, N.D. — Students should be able to pray in school, and school boards should have the right to endorse a moment of silence, the state Senate concluded this week in approving legislation that was assailed as a religious intrusion into secular matters.

Supporters of the measure, which senators endorsed 41-8 on March 20, said it clarifies the right to school prayer under certain circumstances that North Dakota students already have.

"It makes clear for all that students are free to pray or participate in religious speech to the same extent that they may participate in secular speech," said Sen. Terry Wanzek, R-Cleveland. "It places prayer and religious speech on the same level as other speech."

The measure's opponents said it could cause problems in schools and in North Dakota's courts.

"Prayer is not our business as makers of law," said Sen. Linda Christenson, D-Grand Forks. "Prayer is too personal, too private, too spiritual. A prayer is between an individual and his or her concept of a higher power."

As introduced by Rep. Mark Dosch, R-Bismarck, the legislation, House Bill 1437, sought to encourage recitation of the Lord's Prayer and the Pledge of Allegiance in schools.

It has been extensively rewritten. Senators approved a version that says schools may not regulate religious speech any more strictly than they do secular speech.

One provision reads: "A student may voluntarily pray aloud or participate in religious speech at any time before, during, or after the school day, to the same extent a student may voluntarily speak or participate in secular speech."

Sen. Deb Mathern, D-Fargo, wondered whether classes could be interrupted by students wishing to pray. "Before and after, fine. But we're precluding what the teacher is doing here," Mathern said. "Someone with this can get up in class and start going on for 10 minutes, and ... the teacher would have no say in it."

The legislation also gives school boards the right to institute a minute of silence for meditation or prayer and authorize the saying of the Pledge of Allegiance.

Wanzek said the legislation is intended to mimic U.S. Supreme Court decisions and current state law on the subject of religion in schools.

"I think both sides on this issue would want clarification," he said.

The measure now goes to the House, which will decide if it approves of Senate changes to the bill.