A CONCURRENT RESOLUTION, Supporting the right to pray in public schools.

WHEREAS, our founders approved the First Amendment of the United States Constitution that made religious freedom the initial right stated in our foundational document; and

WHEREAS, the First Amendment of the United States Constitution articulates the intention of our founders to prevent governmental interference in the practice of religion; and

WHEREAS, the ability of people to worship freely and openly and to live faithfully by the tenets of their faith is protected by the First Amendment; and

WHEREAS, repressive governments around the world persecute Christians and other religious worshipers, and terrorist organizations carry out barbaric acts of violence against innocent people because of their religion; and

WHEREAS, the United States desires the end of religious persecution around the world and desires to ensure respect for the freedom of religion; and

WHEREAS, in May 2017, President Donald J. Trump signed an Executive Order to advance religious liberty for individuals and institutions:

WHEREAS, a major part of many world religions is the practice of prayer both private and public; and

WHEREAS, in the case of Engel v. Vitale, 1962, the Supreme Court of the United States ruled that state sponsored prayers in public schools violated the First Amendment of the United States Constitution; and

WHEREAS, prayer by individual students can be accomplished in public schools in a voluntary nondisruptive manner, consistent with court rulings on the subject of prayer in public schools; and

WHEREAS, in recent months, the administration of President Donald J. Trump has issued new guidelines through the United States Department of Education regarding this issue:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fifth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature supports the United States Department of Education's guidance entitled "Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools," dated January 16, 2020; and

BE IT FURTHER RESOLVED, that the clerk of the House of Representatives provide copies of this resolution to the speaker and clerk of the United States House of Representatives, to the president pro tempore and the secretary of the United States Senate, and to the members of the South Dakota congressional delegation.