Wed, Oct 15, 2008

Tucson Region

Students backed on religion beliefs

House OKs giving equal treatment to those upholding views in school
By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 03.18.2008
PHOENIX — The House approved legislation Monday designed to ensure students expressing their religious beliefs are treated the same as those taking more secular positions.
The protections in HB 2713 would apply to such things as dress codes and club activities.
Rep. Doug Clark, R-Anthem, said students have been the victims of discrimination by teachers and schools because they have sought to exercise their First Amendment rights of freedom of religion.
He said his bill gives youngsters legal protections under state law matching what he said they already have under the federal Constitution.
The preliminary vote came after Clark removed a provision to allow parents to sue the schools if they believe a youngster has been the victim of discrimination. He said the change was designed to satisfy the Arizona School Boards Association, which remains opposed due to concerns about how such a law would be applied.
The central issue is how students can express their religious beliefs on public school campuses. Clark said his legislation ensures students are not subject to disparate treatment because of those beliefs.
For example, he said, if schools allow student groups to have meetings and make announcements over the public address system, that right should extend to all groups, including those that want to conduct prayer meetings before or after school.
Similarly, Clark said if students are allowed to wear T-shirts about their sexual orientation, then other students should be permitted to have their own shirts which express a religious viewpoint about such activities.
Rep. David Schapira, D-Tempe, said he fears the bill would give license to some students to bully or harass others, such as those who might wear T-shirts demeaning homosexual students, which he described as "harassing."
Clark said schools would remain free to enact and enforce anti-discrimination policies.
"Most in the religious community are going to be level-headed and not be abusive of the rights that are established in the Constitution," Clark said.
Clark also said the measure would not allow students to ignore academic lessons in the name of religious freedom.
He said students asked to detail the theory of evolution could not avoid the assignment by simply saying they believe in the biblical story of creation. But Clark said a student asked to write an assignment of personal beliefs about the origin of the species could not be marked down simply for writing about how the world was created in six days.
A final House vote is necessary before the measure goes to the Senate.