KERN RE-FILES RELIGIOUS VIEWPOINTS BILL
December 1, 2008
By Wayne Fuller
Oklahoma Representatives Sally Kern (R-District 84 OKC) and Mike Reynolds (R-District 91 OKC) have teamed up to reintroduce the Religious Viewpoints Antidiscrimination Act. House Bill 1001 is the first bill filed for the 1st Session of the 52nd Legislature.
Reynolds and Kern Praying
During the ‘Rally For Sally’
Kern along with State Senator James Williamson (R-Tulsa) and others got a similar bill passed earlier this year, but it was vetoed by Gov. Brad Henry in June. The legislature passed the original bill HB 2211 as authored by Representatives Kern, Reynolds, Dan Sullivan, Randy Terrill, and Sue Tibbs. It then became Senate Bill 2633 sponsored by Senators Williamson and Clark Jolley and the measure passed in that branch.
Critics of Kern’s continued forced religion legislation claim she is continuing to waste taxpayer money and legislative time on actions that are either already duplicated in federal laws or provisions that will not stand up in federal court.
It would also open up the door for students to express themselves with Satanic symbols and behaviors at school, something of which Kern and Reynolds may not have thought through. Screaming "Satan Rules" or writing "666" all over homework or even claiming that the "Devil made me do it" would be covered under the law.
The governor said at the time, "This bill would presumably require school officials to determine what constitutes legitimate religious expression, subjecting them to an explosion of costly and protracted litigation that would have to be defended at the taxpayers' expense.”
Henry further stated the legislation was vague and “"may trigger a number of unintended consequences that actually impede rather than enhance such expression."
Opponents of the bill claim, if fulfilled, it could make it possible for students to use the “God Did It” gimmick to get passing grades on science and math related courses. For instance, while other students may have to learn about the different geological formations or anthropological theories, they could claim their deity did it in a one day and would receive a passing grade.
Foes of the bill decry that it would put
Another aspect of the bill duplicates behaviors that are already legal in schools, such as voluntary prayer.
In March 2008, Kern authored a bill which would’ve forced schools to give passing grades to students giving creationism answers in Earth science classes. It passed the legislature, but died in a senate committee. Young Earth Creationists believe that humans dwelled with dinosaurs and that the Earth is six to ten thousand years old.
Earlier today, Gossip Boy revealed that Kern and Reynolds will likely join with Rep. Gus Blackwell (R-District 61 Goodwell) in introducing legislation outlawing gay adoption and foster care in
A similar adoption bill six years ago by former Rep. Bill Graves, now an Oklahoma County District Judge, failed to pass. However, both the state senate and house are now dominated by Republicans and it is feared the current atmosphere in
Kern replaced Bill Graves as District 84 Representative in 2004 and currently resides in a home she bought directly from
As previously reported, these elected officials are dominionists that believe Biblical Code must be forced on the government and replace the laws of the land as defined by the U.S. Constitution.
The Religious Viewpoints bill introduced by Kern and Reynolds reads as follows:
STATE OF
1st Session of the 52nd Legislature (2009)
HOUSE BILL 1001 By: Reynolds and Kern
AS INTRODUCED
An Act relating to schools; creating the Religious Viewpoints Antidiscrimination Act; requiring school districts to treat student expression in certain manner; directing school districts to adopt a limited public forum for student speakers policy; stating purpose of the policy; listing certain provisions; requiring school district disclaimers to be provided at certain events; prohibiting the exclusion of religious expression from the limited public forum; allowing student religious expression in class assignments; specifying standards for judging homework and classroom assignments; allowing students to organize religious groups and activities; specifying treatment of religious groups; allowing school districts to disclaim school sponsorship of student groups; requiring school districts to adopt and implement a limited public forum and voluntary student expression of religious viewpoints policy; specifying that school districts adopting the model policy are compliant with the act; setting forth the Model Religious Viewpoints Antidiscrimination Policy; defining term; providing for student expression of religious viewpoints; providing for student speakers at nongraduation events; establishing public forum limits; providing for notification of eligible students; specifying subject limitations; requiring distribution of a school district disclaimer; allowing certain student speakers based on special positions of honor; providing for student speakers at graduation ceremonies; establishing limited public forum; specifying student eligibility criteria; specifying topic limitations; allowing certain student speakers based on special positions of honor; specifying subject matter; requiring a written disclaimer on graduation programs; providing for religious expression in class assignments; requiring homework and classroom work to be judged on certain standard; providing for the freedom to organize religious groups and activities; specifying treatment of religious groups; allowing school districts to disclaim sponsorship of groups and events; providing for codification; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 27-101 of Title 70, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Religious Viewpoints Antidiscrimination Act”.
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 27-102 of Title 70, unless there is created a duplication in numbering, reads as follows:
A school district shall treat the voluntary expression by a student of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats the voluntary expression by a student of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.
SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 27-103 of Title 70, unless there is created a duplication in numbering, reads as follows:
A. To ensure that a school district does not discriminate against the publicly stated voluntary expression by a student of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the district of the expression of a religious viewpoint by a student, if any, each school district in the state shall adopt a policy, which shall include the establishment of a limited public forum for student speakers at all school events at which a student is to publicly speak. The policy regarding the limited public forum shall also require the school district to:
1. Provide the forum in a manner that does not discriminate against the voluntary expression by a student of a religious viewpoint, if any, on an otherwise permissible subject;
2. Provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;
3. Ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech or speech promoting illegal drug use; and
4. State, in writing, orally, or both, that the speech of a student does not reflect the endorsement, sponsorship, position, or expression of the district.
B. The school district disclaimer required by paragraph 4 of subsection A of this section shall be provided at all graduation ceremonies. The school district shall also continue to provide the disclaimer at any other event in which a student speaks publicly for as long as a need exists to dispel confusion over the nonsponsorship of the student speech by the district.
C. Student expression on an otherwise permissible subject shall not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.
SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 27-104 of Title 70, unless there is created a duplication in numbering, reads as follows:
Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school district. Students shall not be penalized or rewarded on account of the religious content of their work.
SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 27-105 of Title 70, unless there is created a duplication in numbering, reads as follows:
Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups shall be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the student expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of the groups, the school district shall not discriminate against groups that meet for prayer or other religious speech. A school district may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in prayer or religious speech.
SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 27-106 of Title 70, unless there is created a duplication in numbering, reads as follows:
Each school district in the state shall adopt and implement a local policy regarding a limited public forum and voluntary student expression of religious viewpoints. If a school district voluntarily adopts and follows the model policy governing voluntary religious expression in public schools as provided by Section 7 of this act, the district shall be in compliance with the provisions of the Religious Viewpoints Antidiscrimination Act covered by the model policy.
SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 27-107 of Title 70, unless there is created a duplication in numbering, reads as follows:
This section sets forth the provisions of the Model Religious Viewpoints Antidiscrimination Policy. As used in the Religious Viewpoints Antidiscrimination Act, "model policy" means a policy adopted by a school district in the state that is substantially identical to the following:
MODEL RELIGIOUS VIEWPOINTS ANTIDISCRIMINATION POLICY
ARTICLE I. STUDENT EXPRESSION OF RELIGIOUS VIEWPOINTS
The school district shall treat the voluntary expression by a student of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats the voluntary expression by a student of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.
ARTICLE II. STUDENT SPEAKERS AT NONGRADUATION EVENTS
A. The school district hereby creates a limited public forum for student speakers at all school events at which a student is to publicly speak. For each speaker, the district shall set a maximum time limit as enumerated below, reasonable and appropriate to the occasion. Student speakers shall introduce:
1. Football games;
2. Any other athletic events designated by the district;
3. Opening announcements and greetings for the school day; and
4. Any additional events designated by the district, which may include, without limitation, assemblies and pep rallies.
B. The forum shall be limited in the manner provided for in this Article.
C. Only those students in the highest two grade levels of the school and who hold one of the following positions of honor based on neutral criteria are eligible to use the limited public forum:
1. Student council officers;
2. Class officers of the highest grade level in the school; and
3. Captains of the football team, and other students holding positions of honor as the school district may designate.
D. Eligible students shall be notified of their eligibility, and a student who wishes to participate as an introducing speaker shall submit their name to the student council or other designated body during an announced period of not less than three (3) days. The announced period may be at the beginning of the school year, at the end of the preceding school year so student speakers are in place for the new year, or, if the selection process will be repeated each semester, at the beginning of each semester or at the end of the preceding semester so speakers are in place for the next semester. The names of the volunteering student speakers shall be randomly drawn until all names have been selected, and the names shall be listed in the order drawn. Each selected student will be matched chronologically to the event for which the student will be giving the introduction. Each student may speak for one (1) week at a time for all introductions of events that week, or rotate after each speaking event, or otherwise as determined by the district. The list of student speakers shall be chronologically repeated as needed, in the same order. The district may repeat the selection process each semester rather than once a year.
E. The subject of the student introductions shall be related to the purpose of the event and to the purpose of marking the opening of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event. The subject shall be designated, a student shall stay on the subject, and the student shall not engage in obscene, vulgar, offensively lewd, or indecent speech or speech promoting illegal drug use. The school district shall treat the voluntary expression by a student of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats the voluntary expression by a student of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.
F. For as long as there is a need to dispel confusion over the nonsponsorship of the student speech, at each event in which a student will deliver an introduction, a disclaimer shall be stated in written or oral form, or both, such as: "The student giving the introduction for this event is a volunteering student selected on neutral criteria to introduce the event. The content of the introduction is the private expression of the student and does not reflect the endorsement, sponsorship, position, or expression of the school district."
G. Certain students who have attained special positions of honor in the school have traditionally addressed school audiences from time to time as a tangential component of their achieved positions of honor, such as the captains of various sports teams, student council officers, class officers, homecoming kings and queens, prom kings and queens, and the like, and have attained their positions based on neutral criteria. Nothing in this policy eliminates the continuation of the practice of having these students, irrespective of grade level, address school audiences in the normal course of their respective positions. The school district shall create a limited public forum for the speakers and shall treat the voluntary expression by a student of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats the voluntary expression by a student of a secular or other viewpoint on an otherwise permissible subject and shall not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.
ARTICLE III. STUDENT SPEAKERS AT GRADUATION CEREMONIES
A. The school district hereby creates a limited public forum consisting of an opportunity for a student to speak to begin graduation ceremonies and another student to speak to end graduation ceremonies. For each speaker, the district shall set a maximum time limit reasonable and appropriate to the occasion.
B. The forum shall be limited in the manner provided by this Article.
C. Only students who are graduating and who hold one of the following neutral criteria positions of honor shall be eligible to use the limited public forum:
1. Student council officers;
2. Class officers of the graduating class; and
3. The top three academically ranked graduates, or a shorter or longer list of student leaders as the school district may designate.
D. A student who will otherwise have a speaking role in the graduation ceremonies is ineligible to give the opening and closing remarks. The names of the eligible volunteering students will be randomly drawn. The first name drawn will give the opening and the second name drawn will give the closing.
E. The topic of the opening and closing remarks shall be related to the purpose of the graduation ceremony and to the purpose of marking the opening and closing of the event, honoring the occasion, the participants, and those in attendance, bringing the audience to order, and focusing the audience on the purpose of the event.
F. In addition to the students giving the opening and closing remarks, certain other students who have attained special positions of honor based on neutral criteria, including, without limitation, the valedictorian, shall have speaking roles at graduation ceremonies. For each speaker, the school district shall set a maximum time limit reasonable and appropriate to the occasion and to the position held by the speaker. For this purpose, the district creates a limited public forum for these students to deliver the addresses. The subject of the addresses shall be related to the purpose of the graduation ceremony, marking and honoring the occasion, honoring the participants and those in attendance, and the perspective of the student on purpose, achievement, life, school, graduation, and looking forward to the future.
G. The subject shall be designated for each student speaker, the student shall stay on the subject, and the student shall not engage in obscene, vulgar, offensively lewd, or indecent speech. The school district shall treat the voluntary expression by a student of a religious viewpoint, if any, on an otherwise permissible subject in the same manner the district treats the voluntary expression by a student of a secular or other viewpoint on an otherwise permissible subject and shall not discriminate against the student based on a religious viewpoint expressed by the student on an otherwise permissible subject.
H. A written disclaimer shall be printed in the graduation program that states: "The students who will be speaking at the graduation ceremony were selected based on neutral criteria to deliver messages of the students’ own choices. The content of the message of each student speaker is the private expression of the individual student and does not reflect any position or expression of the school district, the board of education of the school district, the school district administration, employees of the school district, or the views of any other graduate. The contents of these messages were prepared by the student volunteers, and the district refrained from any interaction with student speakers regarding the student speakers' viewpoints on permissible subjects."
ARTICLE IV. RELIGIOUS EXPRESSION IN CLASS ASSIGNMENTS
Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the submission by the student. Homework and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school. Students shall not be penalized or rewarded on account of religious content. If the assignment given by a teacher involves writing a poem, the work of a student who submits a poem in the form of a prayer (for example, a psalm) should be judged on the basis of academic standards, including literary quality, and not penalized or rewarded on account of its religious content.
ARTICLE V. FREEDOM TO ORGANIZE RELIGIOUS GROUPS AND ACTIVITIES
Students may organize prayer groups, religious clubs, "see you at the pole" gatherings, and other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups shall be given the same access to school facilities for assembling as is given to other noncurricular groups, without discrimination based on the religious content of the expression of the group. If student groups that meet for nonreligious activities are permitted to advertise or announce the group meetings, for example, by advertising in a student newspaper, putting up posters, making announcements on a student activities bulletin board or public address system, or handing out leaflets, school authorities shall not discriminate against groups that meet for prayer or other religious speech. School authorities may disclaim sponsorship of noncurricular groups and events, provided they administer the disclaimer in a manner that does not favor or disfavor groups that meet to engage in prayer or other religious speech.
SECTION 8. This act shall become effective July 1, 2009.
SECTION 9. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
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