Alabama Schools Could Lose Millions for Skipping Daily Pledge, Prayer
MONTGOMERY Al.
al.com
February 14th, 2025
Alabama lawmakers debated Wednesday whether to require schools to start their day with the Pledge of Allegiance and a Judeo-Christian prayer.
If a school refuses, it could lose a quarter of its annual state funding.
The measure, HB231, is a state constitutional amendment that would appear on ballots in a future election.
But the legislation could also draw the attention of constitutional attorneys wary of the bill’s intersection of church and state separation.
“It’s just ethics and the basics of what our country is built on,” said Rep. Reed Ingram, R-Pike Road, the bill’s sponsor.
The legislation passed through the House State Government Committee and will head to the full House floor for consideration.
Critics expressed concern that the legislation will punish schools by withholding vital resources if they refuse to institute such a policy. The bill applies to public schools, grades K-12.
“My biggest concern is the punitive aspect of taking 25 percent education funding from schools that don’t comply,” said Rep. Marilyn Lands, D-Huntsville.
Lands acknowledged the potential for legal challenges, citing the bill’s vagueness regarding the inclusion of prayers beyond Judeo-Christian ones.
Lands asked Ingram if a silent prayer would be allowed. Ingram responded that the focus was on reciting a Judeo-Christian prayer, comparing the public displays within the legislation to the nation’s motto, “In God We Trust.” The motto was added to government buildings throughout the state eight years ago under the influence of conservative activists.
Ingram said the legislation doesn’t require students to participate in the prayer.
The focus is only on whether the schools host a prayer, and if they don’t, there could be a massive funding claw back.
According to the bill, the State Superintendent has the option to withhold a quarter of the state revenues that go to a school system each fiscal year.
For instance, Birmingham City Schools receive around $158 million in state funding per year.
If the school system was found to be in violation of the pledge and prayer requirement, it could lose close to $40 million in annual funding.
Ingram claimed that not all schools currently recite the Pledge of Allegiance, despite a state law requiring public schools to conduct the pledge at the beginning of each school day.
While student participation is optional, the law was amended in 2019 to ensure that all schools recite the pledge.
“Our recruiting is down for the National Guard,” Ingram said. “It’s down in every branch of the military. A lot of these kids don’t understand what the flag is.”
The bill is coming at a time when a number of GOP-led states are testing the separation of church and state limits in public schools.
Oklahoma School Superintendent Ryan Walters, for instance, is ordering his state to teach the Bible in the 5th through 12th grades as a historical text he says is necessary to understand the Federalist Papers and the writings of Dr. Martin Luther King Jr.
In Louisiana, Florida and Texas, laws have been approved to allow public schools to hire religious chaplains. In Texas, school boards are required by law to adopt a school chaplain policy where they are allowed to provide mental health counseling.
Alabama lawmakers are expected to take up legislation this session that would require the Ten Commandments be displayed inside public schools.
Gov. Kay Ivey called on lawmakers to incorporate “key historical documents” and the Ten Commandments in classrooms during her State of the State Address.
Rep. Mack Butler, R-Rainbow City, expressed confidence that House Bill 231 will withstand legal challenges, pointing to a 2022 U.S. Supreme Court decision that reshaped how courts interpret the separation of church and state.
The ruling in Kennedy v. Bremerton School District overturned the longstanding Lemon test, a legal standard established in 1971 to determine whether a government action violates the First Amendment’s Establishment Clause.
The Lemon test required that a law or policy meet a three-prong standard by having a secular purpose, not advance or inhibit religion, and avoid excessive government entanglement with religion.
In its place, the Supreme Court adopted an approach based on “historical practices and understandings,” meaning courts should evaluate Establishment Clause cases by considering how religion and government interacted at the nation’s founding.
This shift has been embraced in recent years by conservatives who believe it makes it easier for religious expressions in public settings to be legally upheld.
