Public schools and faith-based chaplains: Texas’ new combination is testing the First Amendment

• Beaumont Independent School District recruited volunteer clergy to counsel K-12 students on topics such as self-esteem, peer pressure and violence.
• The goal, officials said, was to create volunteer opportunities, encourage conversation about civic values and morality, and enhance safe learning environments.
• Local boards have until March 1, 2024, to choose whether to allow chaplain programs in their schools.

Lone Star State

• In fact, Texas ranks 23rd in the nation in student-to-counselor ratios, with almost 400 students for every counselor.
• One bill requiring officials to display a 16-by-20-inch copy of the Ten Commandments in every public school classroom was passed in the state Senate but died on the floor of the House in May 2023.

Shifts at SCOTUS

• The most famous of these was often called “the Lemon test,” referring to the court’s 1971 decision in Lemon v. Kurtzman.
• According to the endorsement test, a policy is permissible if a “reasonable observer” would not think it was endorsing or disapproving of religion.
• Finally, in 1992, the court abandoned a test it applied only once, in Lee v. Weisman: coercion.
• The justices invalidated prayer at a public school graduation ceremony on the basis that it coerced people present into listening.

Crossing the line?

• Even so, SB 763 raises at least three thorny issues about how to assess whether a policy violates the First Amendment.
• Having faith-based chaplains – a move many Texas chaplains themselves oppose – arguably puts the power of the state behind their actions.
• Third is the question of which faiths will be represented and whether the chaplain program would appear to endorse some religions over others.

Votes ahead

• Boards have begun to vote on whether to allow chaplains in their schools.
• SB 763 raises serious questions about what crosses the line toward establishing religion that, I believe, will likely result in litigation.
• Thus, both sides – whether in favor of or opposed to having chaplains in schools – should be mindful of the aphorism to “be careful what you wish for.”

Charles J. Russo does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.