Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, February 5, 1994                   TAG: 9402050185
SECTION: VIRGINIA                    PAGE: B-4   EDITION: METRO 
SOURCE: BONNIE V. WINSTON STAFF WRITER
DATELINE: RICHMOND                                LENGTH: Medium

CHURCH-STATE DEBATE GETS BOOST FROM PRAYER BILLS

While the bills' sponsors, Dels. Clinton Miller, R-Woodstock, and David Brickley, D-Woodbridge, had varying intentions in introducing the measures, both acknowledged that the bills could lead to daily prayer sessions inside classrooms.

The proposals already have drawn the attention of the American Civil Liberties Union of Virginia, which vowed to challenge in court any prayer program spawned by Miller's bill.

"This bill runs afoul of every U.S. Supreme Court decision on this subject," said Kent Willis, executive director of the ACLU. He called it "an affront" to Virginians who believe in the free exercise of religion and the church-state separation.

"It's hard to imagine us not filing litigation if this bill passes," Willis said.

Miller's bill, endorsed 13-7 by the House Education Committee, calls for the state Board of Education, in consultation with the attorney general, to develop guidelines for "voluntary student prayer programs" in schools.

According to the bill, the guidelines should address the appropriate role of teachers and administrators in the programs, as well as the use of school buildings, equipment, audio systems and class time.

The bill also requires that "relevant state and federal constitutional concerns, such as freedom of religion and speech and separation of church and state," be considered.

Brickley's bill, endorsed 14-6, simply states that public school students "may voluntarily engage in student-initiated prayer," as long as it is "consistent with constitutional principles of freedom of religion and separation of church and state."

Brickley said he introduced the measure to allow prayer at graduation and baccalaureate ceremonies.

Miller, who expressed irritation with what he called "consternation" over his proposal, insisted that his measure simply would have school boards outline what schools can do "within the framework of the law."

"My bill doesn't establish anything or dictate any particular religion," he told reporters.

He said school prayer programs would instill "values and respect" in youngsters, who are becoming part of a society that is "disrespectful of other people's culture and religion."

In 1963, the U.S. Supreme Court declared unconstitutional all school-sponsored classroom prayer and Scripture reading.

In recent years, court challenges have been filed or threatened in at least three Virginia jurisdictions over prayers at public school graduation and baccalaureate services. In June, a federal judge in Alexandria ruled student-led prayer at a Loudoun County high school graduation unconstitutional because it was sponsored or supported by county school officials.

Many state school divisions ordered that any religious ceremonies, including invocations and baccalaureate services, be sponsored privately, off school grounds.

Currently, Virginia law allows "daily observance of one minute of silence" in public schools.

Several speakers opposed to the measures contended that nothing prohibits voluntary student prayer in schools.

State school Superintendent William Bosher told the committee that nothing prevents his office from conferring with the attorney general to clarify what is permissible under state and federal law.

"What we have is a lot of things that are permissible, but schools are not allowing them," said Del. Anne Rhodes, R-Richmond, who opposed the bill.

Keywords:
GENERAL ASSEMBLY 1994