Legislative Victory HB 3678: Religious Free Speech Rights for Students in Public Schools

● The Religious Viewpoint Antidiscrimination Act/School Children’s Religious Liberty was signed into law by Gov. Perry on June 8, 2007.

● The bill prevents religious discrimination against public school students, directly following U.S. Supreme Court case law.

● What one legislator called "the most important piece legislation to pass this session" is a new state law, which ensures that religious speech is not censored, but instead is treated the same as any other speech in our public schools.

In response to the growing confusion about religious expression in Texas public schools, Texas passed a new law that outlines the extensive liberties students are guaranteed and the protection school officials receive when recognizing these liberties. The bill lays to rest many myths that have led to the unconstitutional suppression of individual speech in Texas schools.

• School children are being banned from uttering any words related to religion. This is flat out illegal. They are being reprimanded at school for religious speech, leaving them in fear of punishment.

• Religious expression is being treated as second-class speech, and sometimes worse, in public schools. This treatment is unconstitutional, as judged over and over by our highest courts.

• There is far too much hostility toward religious expression and lack of understanding by school districts, and because of this, school children are being forced to defend their First Amendment rights in courtrooms all across Texas, and throughout the nation.

A few examples of unconstitutional censorship of school children in Texas include:

• Reprimands for talking about Jesus during Easter;
• A ban on children wishing deployed U. S. Military troops a “Merry Christmas;”
• Children forbidden from using religious messages on gifts or cards including references to St. Valentine’s Day;
• Children forbidden from bringing Christmas items to a school’s “Winter Party” despite the acknowledgment of other faiths during the season;
• Children threatened by Superintendent that if they prayed they would be "disciplined the same as if they had cursed;"
• Teacher trashed two Bibles belonging to students, took the students to the principal and threatened to call Child Protective Services on the parents for letting their children bring Bibles to school.

These and similar acts have led to litigation that should have never been necessary. The School Children's Religious Liberty Bill (HB 3678), also known as the Religious Viewpoints Antidiscrimination Act, codifies the many constitutional ways a student, or groups of students, may express their faith at school and at school-sponsored events.

Gov. Perry holds student religious liberties ceremony in Texas; Free Market parents and children take part

Governor Rick Perry held an official ceremony, publicly signing a bill ensuring every Texas public school student's right to express his or her religious viewpoint. The bill, known to many as the Schoolchildren's Religious Liberties Bill, was authored by Rep. Charlie Howard of Sugar Land, Texas. Today, children and parents represented by Free Market Foundation's legal division, Liberty Legal Institute, in lawsuits combating religious discrimination joined Gov. Perry and Rep. Charlie Howard in the representative's home town. "All schools take notice, Texas has spoken loud and clear – religious discrimination and censorship in our schools will not be tolerated. To say that you are in favor of religious freedom, but against this law is an obvious contradiction that even school children are smart enough to understand," said Director of Legislative Affairs, Jonathan Saenz. The students and parents that attended the bill signing ceremony represent a larger number of families who spoke in favor of the bill before Texas House and Senate committees. Testimonies included stories of children told they could not send 'Merry Christmas' letters for a class assignment to soldiers in Iraq, children censored from saying 'Jesus' at school, and students prohibited from mentioning God or even sharing faith bracelets with their friends. "The passage of this law speaks loudly for what Texans believe: Religious freedom is a treasure and our children should be protected from discrimination. On behalf of the children and parents across Texas, we thank Governor Perry and Rep. Charlie Howard for protecting the freedom of the next generation," said Chief Counsel for Free Market Foundations's legal division, Liberty Legal Institute, Kelly Shackelford.