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American Civil Liberties Union of Virginia, News Release
March 14, 2008

ACLU Asks Governor to Amend Bill on Student Religious Expression
HB 1135 protects students’ right to express religious-- but not secular-- viewpoints in class and homework assignments

Richmond, VA— The ACLU of Virginia has asked Governor Tim Kaine to amend HB 1135, a bill that protects the right of students to express their personal religious beliefs in class assignments and homework. HB 1135 passed the House of Delegates and the Senate, but not until it had been amended several times.

In a letter sent to the Governor, ACLU of Virginia Executive Director Kent Willis writes that the ACLU supports laws that protect the right of students to express their religious views, but believes that HB 1135 violates the First Amendment because it does not expressly allow students to express their non-religious views as well.

“As we read this law,” said Willis, “students have a right to insert their religious viewpoints into work assignments, but they don’t necessarily have to the right to express their political, philosophical or social viewpoints.”

“Protecting students’ religious expression is very important, but we need to be careful to protect other expressive activity as well,” added Willis. “If one student is allowed to express his individual beliefs on religion in an assignment on evolution or government, then another student ought to be able to add his political or social views on the same subjects.”

The relevant portion of HB 1135 reads:

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.

The ACLU believes it should be amended to read as follows:

Students may express their religious, philosophical, political, or social beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of such beliefs their submissions.

A copy of the ACLU’s letter to the Governor follows.

Contact:  Kent Willis, (office) 804/644-8022 

[ACLU of Virginia]

March 14, 2008

The Honorable Tim Kaine
Governor of Virginia
Patrick Henry Building , 3rd Floor
1111 East Broad Street
Richmond , Virginia 23219

RE: Request to Amend HB 1135

Dear Governor Kaine:

I am writing to request that you amend HB 1135, which protects the right of students to express their religious beliefs in school assignments. Although the ACLU supports the right of students to incorporate their religious views into their school work (when it does not otherwise conflict with the assignment), we believe that a law protecting religious expression, but not expressly stating that non-religious expression is also protected, runs the risk of elevating protection of religious expression above philosophical, political or social expression. The First Amendment demands that all such expression be treated equally by the government.

As passed by the House and Senate, HB 1135 reads 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. Such home and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school.

The fix is a simple one. HB 1135 should read as follows:

Students may express their religious, philosophical, political, or social beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of such beliefs their submissions. Such home and classroom work shall be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school.

I thank you for your attention. Please feel free to contact me at 804/644-8022.

Sincerely

Kent Willis
Executive Director

cc: Larry Roberts