Missouri House Approves State Constitutional Amendment on "Right to Pray"

As noted by the Associated Press, the Missouri House has voted to approve a state constitutional amendment that was drafted, according to co-sponsor state Rep. Mike McGhee, in response to complaints that government officials are squelching private prayer in public places, such as public schools and public meetings.   If approved by the Missouri Senate, the proposed amendment would be presented to voters in 2010.  Questioning the necessity for the amendment, opponents point to the protection already provided by the terms of the state constitution’s Bill of Rights, which provides:

all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his person or estate; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.

The proposed amendment would make the following changes to the current provision:

That all men and women have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his or her religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his or her person or estate; that to secure a citizen's right to acknowledge Almighty God according to the dictates of his or her own conscience, neither the state nor any of its political subdivisions shall establish any official religion, nor shall a citizen's right to pray or express his or her religious beliefs be infringed; that the state shall not coerce any person to participate in any prayer or other religious activity, but shall ensure that any person shall have the right to pray individually or corporately in a private or public setting so long as such prayer does not result in disturbance of the peace or disruption of a public meeting or assembly; that citizens as well as elected officials and employees of the state of Missouri and its political subdivisions shall have the right to pray on government premises and public property so long as such prayers abide within the same parameters placed upon any other free speech under similar circumstances; that the General Assembly and the governing bodies of political subdivisions may extend to ministers and clergypersons the privilege to offer invocations or other prayers at meetings or sessions of the General Assembly or governing bodies; that the state shall ensure public school students their right to free exercise of religious expression without interference, as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive and as long as such prayers or expressions abide within the same parameters placed upon any other free speech under similar circumstances; and, to emphasize the right to free exercise of religious expression, that all free public schools receiving state appropriations shall display, in a conspicuous and legible manner, the text of the Bill of Rights of the Constitution of the United States; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.  

The Senate proposed resolution on the constitutional amendment would prescribe the following as the statement of the ballot question to be submitted to voters:

"Shall the Missouri Constitution be amended to ensure:
    *That the right of Missouri citizens to express their religious beliefs
    shall not be infringed;
    *That school children have the right to pray and acknowledge God
     voluntarily in their schools; and
    *That clergypersons may be invited to offer invocations at public
    meetings.".

The House version offers a slightly different formulation  of the ballot question:   

"Shall the Missouri Constitution be amended to ensure:
    *That the right of Missouri citizens to express their religious beliefs
    shall not be infringed;
    *That school children have the right to pray and acknowledge God
     voluntarily in their schools; and
    *That all public schools shall display the Bill of Rights of the United States Constitution."

JFB