I 118th CONGRESS 1st Session H. R. 5187 IN THE HOUSE OF REPRESENTATIVES August 11, 2023 Mr. Gaetz (for himself, Mr. Rosendale , Mr. Biggs , Mr. Good of Virginia , and Mr. Crane ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for a cause of action to remedy prohibitions on personal prayer in schools.

1. Short title This Act may be cited as the Protect Prayer in Schools Act of 2023 . 2. Findings The Congress finds as follows: (1) The United States of America is a nation under God. (2) The Declaration of Independence makes clear that our nation was blessed by the Supreme Judge of the world and our laws are derived from Laws of Nature and Nature’s God. (3) At the time of the First Amendment’s drafting, many states observed state religions and referred to God in their constitutions—thus, the 1st Amendment was never intended to contrast with the existence and veneration of God throughout our states. (4) The intent of the Constitution was never to render the United States a secular country; (5) Our Founding Fathers would be appalled to learn the Establishment Clause of the 1st Amendment was being weaponized not to prevent the establishment of a state religion, but to suppress religion in schools across the states, contrary to the Free Exercise Clause. (6) John Adams said in 1789, while addressing the Massachusetts Militia, Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. (7) On June 28, 1813, John Adams wrote to Thomas Jefferson saying, The general Principles, on which the Fathers Atchieved Independence, were the only Principles in which, that beautiful Assembly of young Gentlemen could Unite, and these Principles only could be intended by them in their Address, or by me in my Answer. And what were these general Principles? I answer, the general Principles of Christianity… (8) James Madison wrote in 1785 in his Memorial and Remonstrance Against Religious Assessments It is the duty of every man to render to the Creator such homage. Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governor of the Universe. (9) Alexander Hamilton wrote to James Bayard in 1802: I now offer you the outline of the plan they have suggested. Let an association be formed to be denominated The Christian Constitutional Society, its object to be first: The support of the Christian religion. Second: The support of Constitution of the United States. (10) George Washington, on October 3rd in 1789 at a National Day of Thanksgiving, wrote … it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor . (11) On May 9, 1833 Chief Justice John Marshall wrote to Jasper Adams: The American population is entirely Christian, and with us Christianity and Religion are identified. It would be strange indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it. (12) On March 28, 1787, Dr. Benjamin Rush wrote an open letter To the citizens of Philadelphia: A Plan for Free Schools , saying, Let the children . . . be carefully instructed in the principles and obligations of the Christian religion. This is the most essential part of education. The great enemy of the salvation of man, in my opinion, never invented a more effectual means of extirpating Christianity from the world than by persuading mankind that it was improper to read the Bible at schools . . . The only foundation for a useful education in a republic is to be laid in religion. Without this there can be no virtue, and without virtue there can be no liberty. (13) The Same Congress that passed the 1st Amendment, also drafted Article 3 of the Northwest Ordinance which contained the following language: Religion, Morality and knowledge being necessary to good government and the happiness of mankind, Schools and the means of education shall be forever encouraged. (14) While the founders did not wish to establish state religion, they sought to encourage and protect religion throughout the United States. (15) The Supreme Court of the United States held in Kennedy v. Bremerton School District that the Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal. (16) The Constitution neither mandates nor permits the government to suppress such religious expression. 3. Civil action Every person who, under color of any statute, ordinance, regulation, custom, or usage, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to any limitation on the ability of that person to engage in personal prayer in public elementary and secondary schools shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For purposes of this section, the terms elementary school and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).