Recognizes school boards as deliberative public bodies that should be free to engage in prayer at the beginning of meetings consistent with the prayer practice upheld in Marsh v. Chambers.
Expresses support for the voluntary practice of prayer at the beginning of meetings of legislative bodies and other deliberative public bodies, including school board meetings.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 250 Introduced in House (IH)]
113th CONGRESS
1st Session
H. RES. 250
Expressing support for prayer at school board meetings.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2013
Mr. Walberg (for himself, Mr. Jones, Mr. Buchanan, Mr. Huelskamp, Mr.
Broun of Georgia, Mr. Rahall, Mr. Gingrey of Georgia, Mr. Huizenga of
Michigan, Mr. Neugebauer, Mr. Thompson of Pennsylvania, Mr. Lamborn,
Mr. Ribble, Mr. Garrett, Mr. Wenstrup, Mr. Latta, Mr. Fleming, Mr.
Posey, Mr. Pitts, Mr. Wolf, Mr. Bishop of Utah, Mr. Forbes, Mr. Wilson
of South Carolina, Mr. Harper, Mr. Miller of Florida, Mrs. Hartzler,
Mrs. Walorski, Mr. Weber of Texas, Mr. Carter, Mr. Sam Johnson of
Texas, Mr. Hultgren, Mr. Franks of Arizona, Mr. Coble, Mr. King of
Iowa, Mr. Southerland, Mr. Graves of Georgia, Mr. Webster of Florida,
Mr. Harris, Mr. Roskam, Mr. Johnson of Ohio, Mr. Westmoreland, Mrs.
Blackburn, Mr. Nunnelee, Mr. Roe of Tennessee, and Mr. Scalise)
submitted the following resolution; which was referred to the Committee
on Education and the Workforce, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
RESOLUTION
Expressing support for prayer at school board meetings.
Whereas the freedom to practice religion and to express religious thought is a
fundamental and unalienable right guaranteed under the United States
Constitution;
Whereas the United States was founded on the principle of freedom of religion
and not freedom from religion;
Whereas the framers intended that the First Amendment to the Constitution would
prohibit the Federal Government from enacting any law that favors one
religious denomination over another, and protect not prohibit the
mention of religion or reference to God in civic dialogue;
Whereas in 1983 the Supreme Court of the United States held in Marsh v.
Chambers, 463 U.S. 783, that the practice of opening sessions of
legislative bodies and other deliberative public bodies with prayer is
so deeply embedded in the history and tradition of the United States
that it has become part of the fabric of society, and invoking divine
guidance on a public body entrusted with making the laws is not a
violation of the Establishment Clause of the First Amendment, but rather
is simply a tolerable acknowledgment of beliefs widely held among the
people of the Nation;
Whereas voluntary prayer in legislative and other deliberative bodies should not
be limited to prayer in the United States Senate and House of
Representatives and State legislatures;
Whereas school boards are deliberative public bodies of adults, akin to a
legislature, in that they are predominantly elected by the people, act
in the public interest, and hold sessions that are open to the public
for voluntary attendance;
Whereas the nature of school boards as deliberative public bodies, akin to a
legislature, is further established by the fact that they enact policies
and regulations that are given the force of law in managing and
supervising the schools within their realm of governance, similar to
statutes and ordinances enacted by Federal, State, and other local
deliberative public bodies to regulate the areas within their purview;
Whereas the nature of school boards as deliberative public bodies, akin to a
legislature, is not altered by the presence of students or any other
group of observers, just as the nature of the United States Senate and
House of Representatives and State legislatures as deliberative public
bodies is not altered although individuals regularly attend such
legislative sessions for a variety of purposes;
Whereas the nature of school boards as deliberative public bodies, akin to a
legislature, is not altered by the location at which they hold their
sessions, just as the nature of the United States Senate and House of
Representatives and State legislatures as deliberative public bodies is
not derived from the location at which those bodies host their sessions;
Whereas the nature of school boards as deliberative public bodies, akin to a
legislature, is not altered by the subject matter of the deliberation,
just as the nature of the United States Senate and House of
Representatives and State legislatures as deliberative public bodies is
not altered when such bodies spend a substantial amount of time
legislating on a specific subject matter; and
Whereas voluntary prayer by a deliberative public body should be protected under
law and encouraged in society because voluntary prayer has become a part
of the fabric of this society, voluntary prayer acknowledges beliefs
widely held among the people of the Nation, and the Supreme Court of the
United States has held that it is not a violation of the Establishment
Clause for a public body to invoke divine guidance: Now, therefore, be
it
Resolved, That the House of Representatives--
(1) recognizes that school boards are deliberative public
bodies, and should be free to engage in prayer at the beginning
of meetings;
(2) recognizes that school boards are deliberative public
bodies, and should be free to engage in prayer at the beginning
of meetings consistent with the prayer practice upheld in Marsh
v. Chambers;
(3) recognizes that prayer before school board meetings is
a protected act in accordance with the fundamental principles
upon which the Nation was founded; and
(4) expresses support for the voluntary practice of prayer
at the beginning of meetings of legislative bodies and other
deliberative public bodies, including school board meetings.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on the Constitution and Civil Justice.
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