Buttars seeks free exercise of faith
Sen. Chris Buttars, R-West Jordan, has a bill ready for the 2007 Legislature, which begins Monday, that he said makes it clear individuals have a right to express their religious beliefs on public property.
His bill, SB111, is titled, "Free Exercise of Religion Without Government Interference." It would require government entities to demonstrate "clear and convincing evidence" that any action taken to curb free exercise of faith "is essential to further a compelling government interest" and is the least restrictive way of doing so.
Buttars said his bill would apply to a student wearing a T-shirt with a religious message to school or a group singing a Christmas hymn in a public park — but not a government entity that wants to put up a Nativity scene. High school students would be able to choose to pray at their graduation, he said, but the school couldn't make that part of the event.
"That's the separation of church and state I believe in," the senator said. "That government officials can't impose religion on individuals, but individuals have the right to express closely held religious beliefs on public property."
"You have that kind of baloney all the time," Buttars said, blaming the public schools' fear of being sued by "those against religious expression" for the actions. He said he is confident his bill would withstand any legal challenge because it was drafted by constitutional experts he declined to identify.
Carol Lear, attorney and director of school law and legislation at the State Office of Education, called the bill unnecessary.
"I think students are really aware they can express their opinions, and I think teachers are really aware they should allow students to express their opinions. I'm not sure that a piece of legislation is going to help students or teachers understand that better," Lear said. "I think it's a training issue."
She says her office discusses such matters regularly in workshops on professional conduct with teachers, teacher mentors and before school starts in several school districts.
The bill, Buttars said, is just a small step toward what he said was "fully accomplishing" religious freedom as allowed under the First Amendment of the U.S. Constitution. "I think there ought to be bills after this one," he said.
Buttars has tackled controversial topics before, including an unsuccessful challenge last session to the teaching of evolution. He has already announced he'll try again this session with another bill that failed, this one attempting to ban gay-straight alliances in schools.
Contributing: Jennifer Toomer-Cook
E-mail: lisa@desnews.com
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