PRINTER'S NO. 2208

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 133 Session of 1993


        INTRODUCED BY YEWCIC, LYNCH, WOZNIAK, BROWN, LaGROTTA AND
           ROBERTS, JUNE 21, 1993

        REFERRED TO COMMITTEE ON RULES, JUNE 21, 1993

                                  A RESOLUTION

     1  Declaring that public schools permit voluntary school prayer.

     2     WHEREAS, Our First Amendment to the Constitution states
     3  "Congress shall make no law respecting an establishment of
     4  religion or prohibiting the free exercise thereof..."; and
     5     WHEREAS, Our Founding Fathers and the creators of the Bill of
     6  Rights intended to forbid the government from establishing a
     7  State religion. They did not intend to ban religion or religious
     8  speech from public existence. Allowing school children to offer
     9  voluntary prayers or allowing prayers at graduation ceremonies
    10  or any school function is a protected expression of an
    11  individual's right to free speech; and
    12     WHEREAS, The United States Supreme Court let stand a decision
    13  in which the Fifth United States Circuit Court of Appeals upheld
    14  the constitutionality of a school district resolution permitting
    15  high school seniors to include a student-led invocation in their
    16  graduation ceremony if the majority of the class votes to do so
    17  (Jones v. Clean Creek School District); and

     1     WHEREAS, The decision by the court not to hear the Jones case
     2  makes it clear that students do have the right to include prayer
     3  at their graduation ceremonies. Prayer and religious speech can
     4  be included at public high school graduation ceremonies as long
     5  as it is student initiated and student led. A student's right to
     6  free speech does not end at the graduation podium; and
     7     WHEREAS, In a related case, Lamb's Chapel v. Center Moriches,
     8  the United States Supreme Court overturned a Federal appeals
     9  court ruling and upheld the constitutional right of Americans to
    10  engage in religious free speech. Free speech is protected under
    11  the Constitution and that includes religious free speech; and
    12     WHEREAS, These court rulings reflect that government speech
    13  endorsing religion is forbidden under the Establishment Clause
    14  but that private speech endorsing religion is protected by the
    15  Free Speech and Free Exercise Clause in the Bill of Rights;
    16  therefore be it
    17     RESOLVED, That the House of Representatives declare that
    18  public schools permit voluntary school prayer.








    F11L82SFG/19930H0133R2208        - 2 -