Kentucky ‘moment of silence’ bill advances. Critics worry it could force prayer in school

A Republican-backed bill that would require students to engage in a moment of silence at the beginning of each school day was approved by Kentucky’s House Education committee Tuesday.

House Bill 96 bill would require local school boards to create a policy for a moment of silence or reflection to not exceed two minutes, a news release from the House Majority Caucus said.

“The policy would ensure that students remain silent and seated, and will not be interrupted by district personnel during this time. It also includes a notification of parents on the policy, which encourages parents to guide their students regarding the moment of silence,” the news release said.

State Rep. Dan Fister, R-Versailles, introduced HB 96, which he said is the same bill he sponsored in 2022 as House Bill 201. It passed the House but died in the Senate because of a lack of time, said Fister.

“To me, this reads as a bill that requires prayer during the school day,” said state Rep. Tina Bojanowski, D-Louisville. She said students can already pray anytime at school.

“I feel like your intent is to have prayer in school,” she told Fister after he explained the bill.

Language in the bill says students should make “no distracting display so that each pupil may, in the exercise of his or her individual choice, meditate, pray, or engage in any other silent activity which does not interfere with, distract from, or impede other pupils’ exercise of individual choice.”

ACLU of Kentucky Legal Director Corey Shapiro said House Bill 96 could unconstitutionally encourage prayer during moments of silence.

“If this bill were to pass, certain students might feel inappropriate pressure to join in prayer each day at school, particularly if they do not share the same religion as others in their classroom,” Shapiro said.

Students already have the right to pray in public schools, said Shapiro. The First Amendment to the U.S. Constitution and the Kentucky State Constitution protect students’ rights to pray, so long as it is voluntary, non-disruptive, student-led and student-initiated, he said.

“Praying is inherently religious, and choosing to pray is a deeply personal decision. No person, least of all a student in a public school, should feel compelled to pray to fit in or to gain favor from a teacher or coach,” said Shapiro. “Freedom of religion means that parents, not school officials or state legislatures, have the right to decide whether, when or how to pray. All students should feel welcome in their school, not just those who engage in a particular religious practice.”

State Rep. Killian Timoney, R-Lexington, said his son attends Lafayette High School in Lexington where they have a moment of mindfulness at the start of each school day.

“I think it’s amazing,” said Timoney. He said students get to decompress and be mentally prepared at the start of every school day, “to have an intentional time to catch their breath.”

House Bill 96 now goes to the full House.

“This policy would give students the opportunity to focus on what’s important to them for a minute or two each day,” Fister said in a news release from the House Majority Caucus. “Students can take the opportunity to pray if they choose, or they can reflect on themselves and prepare for the day ahead of them.”

Moments of silence in schools have been used for more than just inward reflection, the news release said: “Some schools utilize them to allow to students to contemplate the topics they have discussed in class, while others utilize it to empower students to manage their behavior.”

This story was originally published January 24, 2024 at 6:00 AM.