Betsy DeVos: Religious liberty in our schools must be protected

There’s a reason why the First Amendment comes first. Our country was founded upon the “first freedoms” it protects. The freedom to express ourselves — through speech, through the press, through assembly, through petition and through faith — defines what it means to be American.

And no American forfeits these freedoms — including the right to pray — to anyone or in any place, especially in public schools. The notion of “separation of church and state” is not an invitation for government to separate people from their faith.

Yet, too many students and too many teachers are separated from their faith while they are in school:

►Utah fourth-grader William McLeod was told by his teacher that wearing ashes in the form of a cross on his forehead, a sign of public penance at the beginning of Lent, was “inappropriate.” The teacher gave William a sanitizing cloth to wipe his forehead clean.

►Kentucky high school sophomore Emily Chaney established a “prayer locker” in her school so that fellow students could submit prayer requests anonymously. A radical secularist group complained, and the local superintendent forced Emily to close her prayer locker.

►In Washington state, longtime high school football coach Joe Kennedy would wait until everyone had cleared the gridiron, take a knee and silently thank God for the opportunity to compete. Coach Kennedy prayed after every game — win or lose — until the school district threw a flag on the praying. Coach Kennedy was suspended and then effectively terminated.

Schools nationwide have gone too far

These incidents indicate that too many champion the part of the First Amendment that bars an “establishment of religion” but choose to ignore the clear admonition against “prohibiting the free exercise” of religion. In fact, the First Amendment doesn’t exist to protect us from religion. It exists to protect religion from government.

This president and this administration are committed to ensuring that all people of faith are free to exercise it. And we know that “exercise” means more than simply “worship.” Much more.

Thanks to President Donald Trump’s leadership, we are adhering to the Constitution, which protects the people’s right to pray in their houses of worship, in their homes and everywhere else — including in public schools. The Elementary and Secondary Education Act was amended in 2002 to ensure that taxpayer-supported schools are following the law when it comes to constitutionally protected prayer in public schools. Under the law, the Department of Education is to issue guidance every two years for states and local communities concerning every student’s and every teacher’s right to pray in public schools.

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This guidance had been issued only once. We took action and updated the guidance to reflect the law with respect to religious expression in public schools.

Our new guidance explains that the law requires states to report which of their schools failed to certify that they do not have any policy that denies anyone the right to pray. Students may, for instance, read the Bible during homeroom. They may give thanks to God before lunch or a snack. They can pray a decade or two of the rosary at recess. They can be excused from class to fulfill prayer obligations, such as during Ramadan. Students may organize faith-based clubs as they see fit. Students may invite a local rabbi to preach at an assembly. Teachers can pray in the lounge during a break. And students most certainly may express their faith in homework or other assignments free from discrimination based on religion.

What we plan to do going forward

Our updated guidance now makes clear that the law requires states to have a clear process for students, parents and teachers to report violations of their right to pray. It also notes that the law requires states to notify the department of any complaints against schools alleging violations of the right to pray.

This is but one way we are protecting the free exercise of religion in education. In light of the Trinity Lutheran Supreme Court decision, we are not enforcing unconstitutional prohibitions on school districts contracting with tutors, counselors or other similar secular services simply because of their religious affiliation. We successfully negotiated a consensus position with diverse stakeholders on protecting and respecting religious missions of higher education institutions.

We took down the previous administration’s list, which publicly shamed faith-based schools for requesting assurance of an exemption from Title IX, a 1972 law prohibiting discrimination on the basis of sex in education. And we are especially eager for the Supreme Court to put an end to the “last acceptable prejudice” made manifest in bigoted Blaine Amendments to 37 state constitutions that deny students the freedom to pursue faith-based education.

Step back, reassess priorities:Evangelical, Muslim, Jewish. It's time we all renew our commitment to religious freedom.

In our fast-paced, noisy world, it is healthy to develop an interior life. To be still, to reflect, to review, to contemplate — to pray. One’s faith is personal, but it doesn’t have to be hidden under a bushel basket. Americans have fought and died for the right to live their faith in all aspects of life.

This administration is — and always will be — committed to ensuring that all believers can live and practice their faith without fear.

Betsy DeVos is the secretary of Education. Follow her on Twitter: @BetsyDeVosED