MIAMI – Two new proposals in the Florida legislature appear to highlight a deterioration in the separation of church and state, with an apparent aim to favor certain political and religious ideologies. The bill was introduced by the Republican majority but has received support from some Democratic lawmakers.
Classroom Chairs [Photo Credit: Stefano Ciotti
The “patriotic” organizations will be allowed to offer support services in Florida public schools, promoting immediate concerns regarding potential ideological indoctrination.
The bill was introduced by Rep. Wyman Duggan (Rep.) of Duval County in the northeastern part of Florida which is mostly co-continuous with the city of Jacksonville. While Democratic Representative Angie Nixon, who also represents Duval, voiced reservations about the bill. “Who’s to say that some of these organizations aren’t leaning left or right politically and trying to push a particular ideology on students?” she asked, noting that the organizational ideology may conflict with her “parental rights.”
However, Rep. Nixon ultimately voted in favor of it during the Thursday meeting of the House Choice and Innovation subcommittee.
The bill is sponsored in the Florida Senate by Sen Tom Wright (Rep.) of Port Orange, a city almost immediately south of Daytona Beach. In an email to USA TODAY Network-Florida, Wright said, “The motivation behind (the bill) stemmed from a desire to ensure that organizations with a long-standing tradition of fostering patriotism, leadership, and community service have the opportunity to present their values and missions to students in schools.”
The bill specifically defines the youth “patriotic” organizations as Boy Scouts of America, Girl Scouts of the United States of America, Boys & Girls Clubs of America, and the Civil Air Patrol.
Perhaps surprisingly, the list comes from youth membership organizations serving young people under 21 chartered under Title 36, subtitle II, of federal law, identifying “Patriotic and National Organizations.”
While not listed under federal law, members of the public have wondered whether groups such as Moms for Liberty and the 917 Society would eventually qualify as “patriotic” for their work circulating copies of the US Constitution on September 17 (Constitution Day) and booklets explaining it. These booklets have the Pledge of Allegiance but also other oaths such as a promise to “bear arms on behalf of the United States” and to perform “noncombatant services in the Armed Forces of the United States when required by law.”
Write added, “This bill aims to facilitate their access to schools, so they can continue to positively influence young minds.”
State Seal of Florida
A second three-page legislation goes further and stipulates that public school districts have the option to formulate a policy permitting volunteer chaplains of any denomination to interact with students, provided there is prior written consent from parents. While schools are obligated to disclose a list of chaplains and their respective religions, the sole requirement placed on chaplains is that they successfully undergo a background screening. HB 931 was sponsored by Rep. Stan McClain (Rep.) of the newly created District 27 part of three counties in north central Florida, near Ocala.
McClain’s bill “authorizes school districts & charter schools to adopt a policy to allow volunteer school chaplains; requires district school boards & charter school governing boards to assign specified duties to such volunteer school chaplains; requires volunteer school chaplains to meet certain background screening requirements; requires each district school board & charter school to vote by the specified date on the adoption of school chaplain policy.
At the initial screening of the bill, numerous members of the public expressed opposition. Critics voiced their concerns during Thursday’s meeting of the House Education Quality Subcommittee, arguing that the bill contradicts the principle of separation of church and state, as established in the First Amendment. Some experts have expressed doubts about whether the bill can withstand scrutiny at the U.S. Supreme Court.
On the Florida Senate side, SB 1044 is sponsored by Sen. Erin Grall, whose district covers part of Florida’s central coast from Port St. Lucie to the interior county of Highlands. The bill parallels HB 931.
The bill allows any chaplain who passes a background check to deliver services in schools. Schools are obligated to list their chaplains on their websites while also identifying their religion.
Florida lawmakers and Governor Ron DeSantis, who recently exited the U.S. presidential race, have been focused on parental rights and limiting access to books and educational materials in the Florida public school system, particularly as that material relates to LGBTQ+ youth.
However, similar legislation is occurring elsewhere. South Carolina recently adopted access for patriotic organizations in July of last year. Similar bills allowing access to chaplains in public schools have been filed in Alabama, Indiana, and Iowa. In Texas, similar legislation passed in October 2023.
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