MIAMI – Mr. Hillel Hellinger, a resident of North Miami Beach, Florida, has taken on the role of an out-of-state petitioner in South Dakota. He has successfully advanced a mandate that would require students in South Dakota public schools to recite a prayer reminding them that the Abrahamic God is judging them.
In June, Hellinger contacted the South Dakota Secretary of State by email with a formal ballot request.
I am submitting a final copy of my proposed initiated proposal as stated in SD 12-13-25.1 Be it enacted by the people of South Dakota:
Each school district shall require that every school day begin with each teacher Grades K through 12 leading their students in the non-denominational prayer provided in this section.
Tbe teacher shall lead their students in the prayer reciting phrase by phrase with each student repeating each phrase. The text of this prayer is as follows:
“Almighty God, who is aware of His creation, who keeps it going and judges it, please have mercy on us.”
This act excuses the participation of both teachers and students whose parents object on religious grounds to the saying of the prayer mentioned in this section.
Those seeking a religious exemption from participating in prayer shall submit their request in writing to the school principal.
Hellinger explained that instead of filing in Florida, he’s pursuing the measure in South Dakota due to its lower signature requirement to qualify for the ballot.
“It only needs to be submitted in one state,” Hellinger said to South Dakota Public Broadcasting. “If I were to file it in Florida, I could do the same thing, but I would need over 50 times as many signatures to get it on the ballot. South Dakota might have low crime rates, but most of the country is facing significant crime issues. If children know there’s a god in this world, it could influence their behavior.”
Hellinger must collect 17,000 signatures to place the measure on the 2026 ballot and admit s the choice of South Dakota is based on a lower threshold of work to secure the initiative’s place on the ballot.
Hellinger is confident in the proposal’s legality, noting that he has consulted with prominent lawyers. He believes that if the measure passes, it could lead to the overturning of a U.S. Supreme Court decision that prohibits public schools from starting the day with prayer.
“I emailed Alan Dershowitz about this issue, and he says that with the current Supreme Court, it’s very possible they would overturn the 1962 ruling and allow non-denominational prayer in public schools,” Hellinger said.
Lady Justice
South Dakota Attorney General Marty Jackley must now take the initiative seriously. In a press release, Jackley wrote last Tuesday,
At the request of the sponsor, an explanation for a proposed initiated measure that would require non-denominational prayer in public schools, which would be on the 2026 general election ballot if approved, has been submitted for public review by the South Dakota Attorney General’s Office.
Attorney General Marty Jackley takes no position on any such proposal for purposes of the ballot explanation. He has provided a fair and neutral explanation on the initiated measure to help assist the voters. The sponsor of the proposed initiated measure is Hillel Hellinger of North Miami Beach, Fla.
This proposed initiated measure would require each public-school teacher, in grades kindergarten through 12, to lead students every morning in prayer. The measure would allow both teachers and students to seek an exemption from participating in the prayer.
Jackley added that South Dakota state law requires his office to “draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure.”
As such, the proposal now titled “An Initiated Measure to Require a Daily Non-denominational Prayer in Public Schools” is now available for public comment. It formally reads,
This initiated measure requires each public-school teacher, in grades Kindergarten through 12th grade, to lead students every morning in the following prayer: “Almighty God, who is aware of His creation, who keeps it going and judges it, please have mercy on us.” The measure requires students to repeat each phrase after the teacher. The measure allows both teachers and students who object to the prayer on religious grounds to seek an exemption from participating in the prayer. The request for an exemption must be submitted in writing to the school principal.
Jackely added that the petition “may be challenged in court on constitutional grounds.” Public comments close on August 30, 2024. Comments may be hand-delivered, sent by email to ATGballotcomments@state.sd.us or by post Office of the Attorney General
Ballot Comment, 1302 E. Hwy. 14, Suite 1, Pierre, SD 57501.
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