Court denied that request. So we are back now to try to resolve this matter in the legislative process, to once again establish the rights under the Constitution and under the first amendment of students attending our public high schools. Again, let me emphasize, I know there is a lot of confusion, but this is not a matter of requiring school prayer; this is not a matter of providing for a time for school prayer under the auspices of school districts or school boards. This is simply a matter of the first amendment rights of those students being guaranteed by the legislation which I have introduced. In this material that I have submitted for the record, I have included a very excellent statement by Professor Tribe of Harvard Law School who has indicated support for this approach to guarantee the first amendment rights of secondary school students. Mr. Chairman, that briefly is the crux of the bill that I have introduced. It is a rights bill, a civil rights bill. As a civil libertarian, I am deeply concerned about this right being denied, and therefore, I hope that we can have positive action on the part of this committee. [The following was received for the record:] PREPARED STATEMENT OF SENATOR MARK 0. HATFIELD MR. CHAIRMAN: FIRST, I WANT TO COMMEND THE CHAIRMAN OF THIS COMMITTEE, SENATOR THURMOND, AND SENATOR HATCH FOR HOLDING EXHAUSTIVE HEARINGS ON THE PRESIDENT'S SCHOOL PRAYER AMENDMENT. I APPRECIATE THEIR SENSITIVITY IN SCHEDULING ANOTHER DAY OF HEARINGS AFTER THE CONSTITUTION SUBCOMMITTEE RECENTLY APPROVED AN ALTERNATIVE SCHOOL PRAYER AMENDMENT. IT IS ESPECIALLY ENCOURAGING TO NOTE THE ENDORSEMENT OF THE EQUAL ACCESS PRINCIPLE FOR STUDENT-INITIATED RELIGIOUS MEETINGS BY THE CONSTITUTION SUBCOMMITTEE. MY COMMENTS TODAY ARE DIRECTED TOWARDS THE TASK OF DESIGNING AN APPROPRIATE REMEDY FOR STUDENTS WHO WISH TO USE SCHOOL FACILITIES ON AN EQUAL BASIS WITH OTHER STUDENT GROUPS. LAST FALL, I TESTIFIED BEFORE THIS COMMITTEE AND ARGUED THAT THE FIRST AMENDMENT TO THE U.S. CONSTITUTION SETS LIMITS ON THE ABILITY OF GOVERNMENT TO PROMOTE, ESTABLISH, AND INCULCATE RELIGIOUS BELIEFS IN PUBLIC SCHOOL STUDENTS BUT IT SETS NO LIMIT ON STUDENT INITIATED PRAYER OR RELIGIOUS DISCUSSION DURING NON INSTRUCTIONAL TIME PERIODS. INSTEAD OF CONCENTRATING UPON A SCHOOL PRAYER AMENDMENT, I URGED MY COLLEAGUES TO DEVOTE THEIR ENERGIES TO ROOTING OUT RIDICULOUS BARRIERS THAT HAVE BEEN ERECTED TO FORBID VOLUNTARY MEETINGS OF STUDENTS WHO SEEK TO MEET AND PRAY IN NON-DISRUPTIVE WAYS. A GROWING NUMBER OF FEDERAL COURTS, HOWEVER, HAVE EXPANDED THE PROHIBITIONS ON THE SPONSORSHIP BY THE STATE OF RELIGIOUS ACTIVITY IN PUBLIC SCHOOLS TO ENCOMPASS EQUAL ACCESS POLICIES ADOPTED BY SCHOOL BOARDS AS WELL AS STUDENT REQUESTS TO MEET ON THEIR OWN TIME BEFORE OR AFTER SCHOOL HOURS FOR PRAYER, DEVOTIONAL READING OR RELIGIOUS DISCUSSIONS. THESE PROHIBITIONS ARE HOSTILE TO THE RIGHTS OF RELIGIOUS EXPRESSION AND, IN MY VIEW, VIOLATE THE FREE SPEECH RIGHTS OF STUDENTS. IN THE LUBBOCK CASE, 23 SENATORS JOINED WITH ME IN FILING A FRIEND OF THE COURT BRIEF ASKING THE SUPREME COURT TO GRANT A HEARING AND REVERSE THE DECISION. IN THAT BRIEF, WE ARGUED THAT: "NEITHER LEGISLATION NOR A CONSTITUTIONAL SCHOOLS PROPERLY MAY ALLOW STUDENTS EQUAL ASSEMBLY. UNFORTUNATELY, HOWEVER, THE SUPREME COURT ON JANUARY 17, 1983, FAILED TO GRANT A WRIT OF CERTIORARI TO THE LUBBOCK SCHOOL BOARD. IT WAS MY HOPE THAT THE SUPREME COURT WOULD SEIZE THE OPPORTUNITY AT THE URGING OF 24 SENATORS TO GIVE GUIDANCE TO 90,000 PUBLIC SCHOOLS ON WHAT THE LAW SHOULD BE REGARDING THE USE OF SCHOOL FACILITIES DURING NON-CLASSROOM TIME PERIODS BY STUDENT INITIATED 39-015 0-84--22 RELIGIOUS GROUPS. IT NOW BECOMES IMPERATIVE THAT THE CONGRESS GIVE GUIDANCE TO SCHOOL DISTRICTS RECEIVING FEDERAL FUNDS THAT RELIGIOUS SPEECH IS NOT TO BE GIVEN SECOND-CLASS TREATMENT. UVER 20 SENATORS HAVE JOINED TOGETHER IN OFFERING S. 815 WHICH WOULD MAKE CLEAR THAT SECONDARY SCHOOL STUDENTS HAVE THE RIGHT TO MEET VOLUNTARILY DURING NON-INSTRUCTIONAL TIME PERIODS FOR PRAYER OR DEVOTIONAL READING. S. 815 HAS UNITED A NUMBER OF SENATORS WHO DIFFER ON CONSTITUTIONAL AMENDMENTS THAT PERMIT SCHOOL-SPONSORED PRAYER OR STATUTORY APPROACHES WHICH DENY JURISDICTION TO FEDERAL COURTS TO DECIDE SCHOOL PRAYER CASES. BUT THE SPONSORS OF S. 815 AGREE THAT THE CONSTITUTION DOES NOT ALLOW OUR PUBLIC SCHOOLS TO BE HOSTILE TO RELIGION. MOST RECENTLY, IN BENDER V. WILLIAMSPORT AREA SCHOOLS, THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HELD THAT A STUDENT INITIATED RELIGIOUS GROUP HAD THE RIGHT TO MEET DURING A SCHOOL ACTIVITY PERIOD UNDER THE CONSTITUTION'S PROTECTION OF FREEDOM OF SPEECH. ALTHOUGH THIS CASE MAY BE THE BEGINNING OF A CHANGE IN DIRECTION BY OUR FEDERAL COURTS, EXISTING FEDERAL APPELLATE PRECEDENTS CONTINUE TO REQUIRE SCHOOL DISTRICTS IN AT LEAST TWO CIRCUITS TO RULE AGAINST STUDENT INITIATED RELIGIOUS MEETINGS. TESTIMONY ON APRIL 28, 1983, BEFORE SENATOR DENTON AND THE SENATE JUDICIARY COMMITTEE ESTABLISHED THE FACT THAT THERE ARE MANY INSTANCES ACROSS THE NATION IN WHICH STUDENTS MEETING QUIETLY OUTSIDE OF CLASSROOM HOURS FOR RELIGIOUS DISCUSSION WERE REQUIRED TO DISCONTINUE THEIR MEETINGS BECAUSE OF UNCERTAINTY AND APPREHENSION ABOUT LOWER COURT DECISIONS AND POSSIBLE LITIGATION. THESE FEDERAL COURT DECISIONS HAVE HAD A CHILLING EFFECT WHICH HAS RESULTED IN CONFUSION, INCONSISTENCY AND ARBITRARINESS IN ATTEMPTING TO COMPLY WITH THE CONSTITUTION'S PROTECTION AGAINST THE ESTABLISHMENT OF RELIGION. DISTINGUISHED CONSTITUTIONAL LAW EXPERTS, SUCH AS PROFESSOR LAURENCE TRIBE OF THE HARVARD LAW SCHOOL, HAVE CONCLUDED THAT S. 815 IS "BOTH CONSTITUTIONALLY SOUND AND WISE AS A MATTER OF POLICY." PRESIDENT REAGAN HAS URGED THIS COMMITTEE TO APPROVE EQUAL ACCESS LEGISLATION. GIVEN THE STRONG BIPARTISAN SUPPORT THAT THIS BILL HAS RECEIVED IN THE SENATE, I URGE THE COMMITTEE TO PLACE EQUAL ACCESS LEGISLATION ON ITS CALENDAR FOR ACTION THIS SUMMER. I ASK THAT PROFESSOR TRIBE'S LETTER, AS WELL AS OTHER ACCOMPANYING MATERIALS, BE PLACED IN THE RECORD AT THE CONCLUSION OF MY STATEMENT. |