I

104TH CONGRESS

1ST SESSION H. R. 2034

To protect the free exercise of religion by prohibiting religious coercion in

our schools.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 1995

Mr. NADLER introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To protect the free exercise of religion by prohibiting

religious coercion in our schools.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Schoolhouse Religious

5 Freedom Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) various proposals have been made to amend

9 the Constitution and enact laws that would establish

10 government-sponsored school prayer;
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1 (2) any law, regulation, or practice that coerces

2 a person to pray, or to pray in a certain manner,

3 contrary to that person’s religious beliefs or prac4 tices, or to refrain from praying, is inconsistent with

5 the Constitutional guarantee of religious liberty;

6 (3) circumstances that single out, or call atten7 tion to, elementary or secondary school-age children

8 with religious beliefs or practices different from the

9 majority of other persons present, will generally have

10 a coercive effect on those children; and

11 (4) circumstances in which a student’s class12 mates recite, as a group, a prayer or other liturgical

13 reading from a religious tradition that differs from

14 the student’s religious tradition, will generally have

15 a coercive effect on that student.

16 SEC. 3. COERCION PROHIBITED.

17 (a) GENERALLY.—Neither the United States, nor

18 any State may coerce any student at, or employee in, any

19 public elementary or secondary school to pray or refrain

20 from praying.

21 (b) TIME, PLACE, AND MANNER REGULATION PER22 MITTED.—Nothing in this section shall be construed to

23 prevent reasonable regulations as to the time, place, and

24 manner of voluntary prayer.
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1 (c) COERCION BY EMPLOYEES AND STUDENTS

2 DEEMED GOVERNMENT COERCION.—Coercion by employ3 ees or students of Public Elementary or Secondary

4 Schools that is encouraged or permitted by the authorities

5 in charge of a school shall be deemed to be coercion by

6 those authorities for the purposes of this section.

7 SEC. 4. DEFINITIONS.

8 As used in this Act—

9 (1) the term ‘‘coercion’’, with respect to prayer,

10 means—

11 (A) penalizing or withholding a benefit

12 from an individual because that individual en13 gaged in or failed to engage in prayer;

14 (B) the selection or composition of the

15 prayer by a public authority;

16 (C) taking any action that calls attention

17 to an individual who wishes to pray in a par18 ticular manner or to refrain from praying;

19 (D) requiring or permitting organized

20 group prayer, or the reading of a prayer aloud,

21 at any time when students of a public elemen22 tary or secondary school are present for a

23 school sponsored activity;
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1 (2) the term ‘‘prayer’’ means any religious text,

2 liturgy, or musical composition used for the purpose

3 of religious practice;

4 (3) the term ‘‘State’’ includes the District of

5 Columbia, Puerto Rico, and any other territory or

6 possession of the United States; and

7 (4) the term ‘‘elementary or secondary school’’

8 means an ‘‘elementary school’’ or a ‘‘secondary

9 school’’ as those terms are defined in section 14101

10 of the Elementary and Secondary Education Act of

11 1965 (20 U.S.C. 8801).

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