Date: 1994-09-20
Speaker: SAM JOHNSON (republican)
Chamber: H
State: Texas

Mr. Speaker. I rise in support of this motion- to instruct the conferees on the elementary and secondary reauthorization bill. H.R. 6. to accept the Johnson/ Duncan amendment which overwhelmingly passed the -House on March 21 of. this year by. a vote of 345 to 64. This body has voted for this exact language twice this year. the vote for my amendment in March and a 367 to 55 vote in February for a motion to instruct the conferees on Goals 2000. If you will recall. the JohnsonDuncan amendment simply allows students and teachers in public schools across the Nation to pray on. a voluntary basis. This right is protected by our Constitution. Congress shall make n law respecting an - establishment of religion. or prohibiting the free exercise thereof ..." [First Amendment] The courts have affirmed that students in public schools do not "shed their constitutional right to freedom of speech or expression at the schoolhouse gate." In the case of Wallace versus Jaffree the court concluded * that there is no constitutional barrier to a state "protecting every students right to engage in voluntary prayer. The Housepassed amendment allows studentinitiated. constitutionally protected voluntary -prayer. It does not require a State education agency or a .local education agency to do anything -but uphold-- the Constitution. It does not create any new legal definition of voluntary school prayer. It does not require a child to participate in prayer. The language passed by the other body places a heavy burden on those whose rights -have been violated. They must obtain a court order requiring that a violation of constitutionally protected prayer be remedied. and then return -to court a second time and prove willful violation of the previous court order. The argument has been made that we should leave. the decision of what is protected prayer to the courts because the Department of Education should not be involved in making such "constitutional" decisions. The Department of Education already makes decisions concerning students constitutional rights. There is a special office at the Department called the Office of Civil Rights. -This Office will investigate claims that a students civil rights have been violated. they will contact the school and work with them to remedy the situation and if the school does not. the funds will be taken away. The language passed by the other body will cause parents of aggrieved students to spend tremendous amounts of money in litigation costs. Let me share an example with you of the cost of prosecuting a public school students right to pray. In the case Ferguson. et al. versus Smithfield High School students at a public high school were denied the right to start a bible club. similar to other student clubs. and have faith fellowship meetings as a club on school grounds. The case was filed in Federal District Court in February of this year. The cost of the case to this stage. not including a trial total $44.730. That includes. $33.500 for - lead attorneys. $6.950 for the team attorneys. $1.800 for six depositionsexclusive of attorney timeand $2.480 for disbursements. This is an undue burden that would not be placed on the aggrieved individuals under the Johnsonl Duncan language. I encourage the 345 Members who voted for the Johnson/Duncan amendment in March to continue their support for protecting the rights of all schoolchildren to voluntarily pray and vote for this motion to instruct. In a -nation founded on religious beliefs. the Goveriment should not restrict the time or place a citizen voluntarily chooses to pray. -