Thursday, April 25, 2002
Moment of silence almost law
Schools welcome bill; Taft's OK expected
By Jennifer Mrozowski, jmrozowski@enquirer.com
The Cincinnati Enquirer
Greater Cincinnati school districts contacted Wednesday said they welcome legislation that would allow students a moment of silence to pray, meditate or reflect.
The final version of the bill passed the Ohio House on Tuesday and is expected to be signed by Gov. Bob Taft before the end of the school year. The Senate OK'd it last week.
It says boards of education may provide for a moment of silence each school day, although students would not be required to participate.
Ohio would be the latest in a string of states, including Kentucky, Virginia and Louisiana, to pass such legislation.
Ohio schools already can legally can set aside a period for silence. Many educators also designate time for daily recitation of the Pledge of Allegiance, as in Cincinnati's Aiken High School and Warren County's Kings High School.
Backers say the new bill clarifies that legal right.
We don't direct prayer, don't initiate prayer, don't promote prayer; but we allow prayer, said State Rep. Rex A. Damschroder, R-Fremont, who sponsored the bill.
The whole goal of the bill was to give students who would like to pray an opportunity to pray.
Originally, the House wanted to require every local school board to mandate that students observe a daily minute of silence for prayer, reflection or meditation on moral, philosophical or patriotic themes. Schools also would have been required to have students recite the Pledge of Allegiance.
But the Senate, concerned about telling local school districts what to do, as well as the implications of allowing prayer in schools, made the daily silent period voluntary and did not include the word prayer.
The Senate also removed the pledge provision.
Mr. Damschroder said he's happy with the compromise.
One expert on freedom of religion said Wednesday that the pending legislation appears constitutional.
The key is staying neutral, said Charles C. Haynes, senior scholar at the Freedom Forum First Amendment Center in Arlington, Va.
The moment of silence must not encourage prayer over any other quiet or contemplative opportunity, he said.
However, critics argue that allowing prayer during public school classes threatens the separation of church and state.
The American Civil Liberties Union of Ohio believes the bill raises serious constitutional concerns, and is not ruling out a lawsuit.
The state is setting up a structure where people are expected to pray, said Raymond Vasvari, the group's legal director.
The problem is that the voluntary aspect isn't really voluntary. Setting aside the time with a wink and a nudge is just another way to get prayer into the schools.
Some local school districts, as well as students, say the bill eliminates some confusion over whether students can pray during a moment of silence.
I believe if you need to pray you should have a right to do that, said 16-year-old Withrow High School sophomore Rhiana Rew.
LaTosha Chappell, 17, a junior at Aiken, said she appreciates the opportunity to recite the Pledge of Allegiance.
It's appropriate for this time, she said. Our country was attacked. People should appreciate the pledge now more than ever.
Aiken Principal Tom Higgins said students are not required to recite the Pledge of Allegiance but he's never had a student complain. At Kings, all students stand for the pledge, though it's also not required, said interim Principal Erick Cook.
Fairfield spokesman Randy Oppenheimer said school officials there support the bill, and the district will give serious consideration how to integrate the legislation.
The Associated Press contributed.
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