49-6-2902 - Legislative findings.
49-6-2902. Legislative findings.
(a) The general assembly finds the following:
(1) Judicial decisions concerning religion, free speech and public education are widely misunderstood and misapplied;
(2) Confusion surrounding these decisions has caused some to be less accommodating of the religious liberty and free speech rights of students than permitted under the first amendment to the United States constitution;
(3) Confusion surrounding these decisions has resulted in needless litigation and conflicts;
(4) The supreme court of the United States has ruled that the establishment clause of the first amendment to the United States constitution requires that public schools neither advance nor inhibit religion. Public schools should be neutral in matters of faith and treat religion with fairness and respect;
(5) Neutrality to religion does not require hostility to religion. The establishment clause does not prohibit reasonable accommodation of religion, nor does the clause bar appropriate teaching about religion;
(6) Accommodation of religion is required by the free speech and free exercise clauses of the first amendment as well as by the Equal Access Act, compiled in 20 U.S.C. § 4071 et seq. and the Religious Freedom Restoration Act of 1993, compiled in 42 U.S.C. § 2000bb et seq.; and
(7) Setting forth the religious liberty rights of students in a statute would assist students and parents in the enforcement of the religious liberty rights of the students and provide impetus to efforts in public schools to accommodate religious belief in feasible cases.
(b) The purpose of this part is to create a safe harbor for schools desiring to avoid litigation and to allow the free speech and religious liberty rights of students to the extent permissible under the establishment clause.
[Acts 1997, ch. 422, § 1.]