THE ISSUE:  Please call, write, or fax members of the Senate Courts of Justice committee and ask them to oppose HJ537, a consitutional amendment which seeks to circumvent the US Constitution and weaken religious liberties.

TAKE ACTION:

Call, email, or fax members of the Senate Courts of Justice Committee.  Share your concerns from your faith perspective!  You can find these Senators' and Delegates' faith affiliation and contact information in our first edition of LegisLink:  http://www.virginiainterfaithcenter.org/LegisLink1-14.html (you will be downloading a PDF).  

In this instance, it is acceptable to contact Members even if they do not represent your district.  Members of these important committees are frequently contacted by individuals outside their districts.

BACKGROUND:

HJ 537 Constitutional amendment; free exercise of religion on public property - Delegate Charles W. Carrico, Sr.

Summary as passed House: Constitutional amendment; religious freedom.  Amends the current religious freedom provisions of the Virginia Constitution to "secure further the people's right to acknowledge God"; to permit prayer and the recognition of "religious beliefs, heritage, and traditions on public property, including public schools"; and to prohibit the Commonwealth and its political subdivisions, including public school divisions, from composing school prayers or requiring individuals to "join in prayer or other religious activity."

This constitutional amendment merely reaffirms the religious freedom realized by Virginians.  However, proponents of the amendment also see it as an attempt to circumvent the U.S. Constitution and decades of Supreme Court precedents on school prayer.

In an article this weekend, A.E. Dick Howard, a constitutional expert who revised our Constitution in the 1970s, warned that this amendment clashes with Supreme Court rulings on school prayer.  He went on to say that it would be embarrassing to have an unconstitutional provision in our state constitution because the assembly is attempting to solve a perceived societal problem by writing the “solution” into the guiding document of the commonwealth. 

As drafted, HJ 537 fails to recognize the difference between free exercise of religion in public places and public schools.  Over the last 50 years, the U.S. Supreme Court has developed a vast body of case law defining religious freedom and the establishment clause as it pertains to public schools.  These cases make it clear that students’ free exercise and speech rights are protected in public schools so long as they do not disrupt the educational process. 

Passing such an onerous amendment would upset the balance Thomas Jefferson so eloquently created between religion and the state.

Where the Amendment Sits

HJ537 sailed through the House of Delegates and was referred, as all constitutional amendments start out, to the Senate P&E committee. In the P&E committee, a 9-5 vote referred the amendment to the Senate Courts of Justice so that some of the Senate's best legal minds could review it.

Our hope is that many people of many faiths will be able to join us on Monday, February 21st, at 8:00am in Senate Room A (General Assembly Building) to pack the room for religious freedom. Please let the office know if you will be able to attend.

Also, thank Tidewater Chapter's Senator Ken Stolle for his leadership in ensuring Virginia does not promote unconstitutional laws and frivolous Virginia State Constitution amendments.