Legislature(1999 - 2000)

05/03/1999 02:02 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                 SJR 25-VOLUNTARY SCHOOL PRAYER                                                                                 
                                                                                                                                
SENATOR JERRY WARD, sponsor, explained SJR 25 requests the Alaska                                                               
congressional delegation to support the passage of HJR 7 and SJR 1,                                                             
related to school prayer.  Those resolutions read:                                                                              
     Nothing in this Constitution shall be construed to prohibit                                                                
     individual or group prayer in public schools or other public                                                               
     institutions.  No person shall be required by the United                                                                   
     States of any other state to participate in prayer.  Neither                                                               
     the United States nor any state shall compose the words of any                                                             
     prayer to be said in public schools.                                                                                       
                                                                                                                                
SENATOR WARD pointed out prayer in public schools occurred until                                                                
1962, at which time an unelected judge decided it was                                                                           
unconstitutional.  He believes that decision was in error.                                                                      
                                                                                                                                
SENATOR WARD said he introduced SJR 25 after watching a news story                                                              
about the shootings at the Littleton, Colorado high school. A                                                                   
teacher, who told the students to pray in a classroom for the other                                                             
students during the incident, broke the law. He noted that prayer                                                               
is the most powerful tool he is aware of.  He feels that the debate                                                             
about allowing prayer in public schools needs to occur on the                                                                   
federal level.  He asked that the Alaska Legislature go on record                                                               
in support of allowing prayer in public schools.                                                                                
                                                                                                                                
Number 097                                                                                                                      
                                                                                                                                
MR. JEFF WHITE, the principal of a private Christian school in                                                                  
Ketchikan, made the following comments via teleconference.  He                                                                  
supports SJR 25 and believes that when prayer was no longer                                                                     
permitted in public schools, violence, teen pregnancy, drug and                                                                 
alcohol abuse escalated.  The older generation benefitted from a                                                                
school system that had prayer time.  The Bible speaks of a                                                                      
generation that did not know God.  We are raising a generation                                                                  
without the knowledge of God.  Likewise, he believes reciting the                                                               
Pledge of Allegiance instills in children a bond with their nation                                                              
and a sense of patriotism.  Teenagers learn to apply what they were                                                             
taught as children and what we are seeing today is teenagers who                                                                
have no standards to live by.                                                                                                   
                                                                                                                                
Number 175                                                                                                                      
                                                                                                                                
MARSHA GEORGE, affiliated with the Church of God in Ketchikan,                                                                  
stated that prayer, and volunteer and paid chaplains, are available                                                             
to and the military and jail system, legislatures and Congress, and                                                             
in some work places.  She questioned why chaplains and prayer have                                                              
been outlawed in public schools.  Prayer has been outlawed yet                                                                  
abortion and gambling are legal in many states and many states are                                                              
seriously considering legalizing euthanasia.  She wishes the                                                                    
leadership of this country would do the right thing and legalize                                                                
prayer in school.                                                                                                               
                                                                                                                                
Number 234                                                                                                                      
                                                                                                                                
SENATOR DONLEY stated that SJR 1 specifies that no person be                                                                    
required by the United States or any state to participate in                                                                    
prayer, and it says that neither the United States nor any state                                                                
should compose the words of any prayer to be said in public                                                                     
schools.  He questioned the constitutional interpretation of the                                                                
words "any state" and whether a school district could required                                                                  
students to participate in prayer and could approve certain                                                                     
prayers.                                                                                                                        
                                                                                                                                
SENATOR WARD replied a school district could not.  He noted SJR 1                                                               
is intentionally written to prohibit anyone from imposing his/her                                                               
religious views on another.                                                                                                     
                                                                                                                                
SENATOR DONLEY questioned how a school will determine what words                                                                
are used in the prayer.                                                                                                         
                                                                                                                                
SENATOR WARD answered the prayer would be silent.  He explained                                                                 
silent prayer occurred in 1962 when the American Civil Liberties                                                                
Union fought that activity in court and won.  He pointed out the                                                                
same court prohibited the posting of the Ten Commandments in a                                                                  
school, yet it decided that Larry Flint had the right of free                                                                   
speech.  He asserted it is time that legislators have this debate                                                               
on a national level to see what the country's moral compass is.  He                                                             
repeated nothing in SJR 1 or HJR 7 imposes any words of prayer or                                                               
any specific religious beliefs.                                                                                                 
                                                                                                                                
Number 282                                                                                                                      
                                                                                                                                
SENATOR DONLEY noted he is trying to figure out how the proposed                                                                
constitutional amendment will relate because while SJR 1 and HJR 7                                                              
appear to allow verbal prayers, they specify that neither the                                                                   
federal or state governments can compose the words of the prayer.                                                               
He questioned who will determine what prayer will be said.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR agreed the issue is somewhat ambiguous but he                                                                   
pointed out that at times, not all legislators are in agreement                                                                 
with the prayer offered on the Senate floor, yet the carrying out                                                               
of the law will have to be left to the person offering the                                                                      
ministerial service.  He noted the chaplains in the Army are not                                                                
instructed in the type of prayers they should offer so, in that                                                                 
setting, the prayer is often ecumenical.  He hoped the people                                                                   
offering the prayer consider the congregation before them.                                                                      
                                                                                                                                
Number 336                                                                                                                      
                                                                                                                                
SENATOR ELLIS stated the type of lead-prayer, referred to by                                                                    
Chairman Taylor, when sponsored by the public school system,                                                                    
contradicts the sponsor's statement that silent, unlead-prayer                                                                  
would occur.                                                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR said he was referring to the instances in                                                                       
government institutions today in which a person has to verbalize a                                                              
prayer, and how that person has to make difficult decisions.  He                                                                
doubted that could occur in a school setting.                                                                                   
                                                                                                                                
SENATOR WARD pointed out that silent prayer occurred in Alaskan                                                                 
schools for the year preceding the 1962 decision for the reason                                                                 
that classrooms contained a diverse group of people.  He noted the                                                              
same resolution has been introduced every year in Congress since                                                                
1962.                                                                                                                           
                                                                                                                                
SENATOR DONLEY said, given our court system, he believes a                                                                      
stringent application of the constitutional amendment would be                                                                  
imposed to ensure that prayers are ecumenical and to protect the                                                                
religious beliefs of all denominations.                                                                                         
                                                                                                                                
SENATOR HALFORD moved SJR 25 from committee with individual                                                                     
recommendations.  SENATOR ELLIS objected because he had not had a                                                               
chance to review the copy of the materials before Congress.  The                                                                
motion to pass SJR 25 from committee carried with Senators Halford,                                                             
Donley and Taylor voting "yea," and Senator Ellis voting "nay."                                                                 

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