Tallahassee, Florida - On Thursday, April 18, 2024, Ron DeSantis, the Governor of Florida, signed a bill allowing for a volunteer chaplain program in both public and charter schools. Under HB 931, both public and charter schools may permit volunteer chaplains, in addition to guidance counselors, as a means of student support. The contents of the bill require the school districts to inform the parents and/or guardians of these Florida students that chaplains are present on school grounds. The chaplains’ religious affiliations as well as provided services will also be relayed to parents and guardians. To access the volunteer chaplains, each student would need written parental or guardian consent.
The only requirements for a chaplain to participate in this volunteer program would be passing a background check. Upon passing the required screenings, a chaplain would also be required to have their name and religious affiliation listed on the school district’s website. Governor DeSantis noted that the chaplains would “provide support, services, and programs to students as assigned by the district school board” (Farrington). The law is to take effect on Monday, July 1, 2024.
Governor DeSantis, acknowledging the controversial views on this bill, stressed that the program is voluntary. Florida school districts are not required to engage in the volunteer chaplain program nor are students required to work with them. In the event a student had the desire to work with a particular chaplain, parental permission would be required. Governor DeSantis stated, “No one’s being forced to do anything, but to exclude religious groups from campus, that is discrimination” (Farrington).
The contents of this current issue raise the following question,
“Is a Florida bill supporting a volunteer chaplain program in public and charter schools a violation of the Establishment Clause of the First Amendment?”
The Establishment Clause of the First Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This clause has been interpreted and adjudicated in multiple different fashions over the course of several decades. Prominent cases involving the intense interpretation of the Establishment Clause include Lemon v. Kurtzman (1971), which established the Lemon Test, and Lee v. Wesiman (1992), which affirmed the principle of a “wall of separation” between Church and State.
The debate regarding a volunteer chaplain program in public and charter schools is vast and intense. Proponents argue that the program expands the freedom of free exercise and offers additional support services to students, particularly mental health. Critics, however, argue about the potential entanglement of Church and State, ultimately violating the Establishment Clause. Florida Senator Tina Polsky, a member of the Jewish community, particularly opposes the program. “As a member of a minority religion, I feel it [pushing religion onto someone] everyday. It makes me so uncomfortable” (Saunders).
There is also the lingering question of which religious groups may partake in the program. The Satanic Temple, specifically, says it “looks forward” to participating in the volunteer chaplain program.
It is important to acknowledge that The Satanic Temple, like most religious organizations, has been granted tax-exempt status by the Internal Revenue Service (IRS) (“Satanic Temple: IRS Has Designated It a Tax-exempt Church | AP News”). By being listed as a tax-exempt organization per the IRS database, The Satanic Temple would obtain the same right as a majority religion to place a chaplain in a Florida public or charter school.
As the current policy stands, I find the volunteer chaplain program in violation of the Establishment Clause of the First Amendment. I emphasize this sense of current stance because I have found that the proposed bill lacks substance, particularly involving the details of how and which chaplains will be permitted on school grounds.
The contents of the bill require Florida public and charter schools to run an extensive background check on any chaplain who volunteers their student support services. At the surface, this policy seems neutral. However, what will the procedure in allowing a volunteer chaplain to even receive a background check look like? Is Governor DeSantis granting these Florida school districts the flexibility to use their own discretion in accepting or denying volunteer chaplains? Leaving such discretion up to public and charter school administrators - government employees - creates excessive entanglement between Church and State. This principle of “all or none” comes into effect, and the members determining whether all, some, or no religious affiliations are represented on school grounds is being determined by state-funded employees. Whether you utilize the Lemon Test as a legal framework in determining establishment issues or not, this process evidently imposes an excessive entanglement. This process could be neutral if enacted effectively, but as the current contents of the bill stand, it is not.
I also find the volunteer chaplain program to develop a sense of coercion amongst school-aged children. As previously mentioned, the “all or none” mentality is crucial to consider. It is hard to represent all religious affiliations in one common space, and in addition to this challenge, the religious affiliations being represented would be monitored by the discretion of Florida school boards. This, as previously stated, is not neutral amongst all religions. I find myself concerned for the students who are part of minority religions or who lack religious affiliation. Per the details of the proposed bill, parental or guardian consent is needed for any student to receive support from a volunteer chaplain. This, however, could still develop a sense of coercion for those students who lack the needed consent. Young students, especially, absorb vast amounts of information from their surroundings, and due to this critical part of child development, they are impressionable. Young students seeing their peers leave class to receive religious support could be detrimental to children of minority religions and/or children who grow up in secular households.
Works Cited
Farrington, Brendan. “Florida Will Open Schools to Volunteer Chaplains | AP News.” AP News, 18 Apr. 2024, apnews.com/article/florida-
“Satanic Temple: IRS Has Designated It a Tax-exempt Church | AP News.” AP News, 25 Apr. 2019, apnews.com/general-news-
Hi Madelyn,
ReplyDeleteNice post! I agree that allowing chaplains in public schools is an establishment of religion. I also agree with your point that this creates an excessive entanglement between government and religion. Also, although the chaplains aren't paid, they're still teaching students in publically funded buildings during the school day. I think this is aid to religion by allowing chaplains to use the publicly funded space to advance the religious teaching of students they assist.
Great post! I agree with your analysis, as I think this problem brings a lot of issues to light. Agreeing with Sarah also, allowing chaplains to operate in public schools, funded by the public, and during regular school hours is not constitutional. Also, I find it important that the chaplains would be dealing with children, who are young and impressionable. As you noted, this could lead to young children being coerced. Therefore, this bill allows for the government to advance religion and endorse it to young children.
ReplyDelete