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2002 SESSION

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HB 161 Public schools; displaying of transcendent values in historical texts.

Introduced by: L. Scott Lingamfelter | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Posting of Ten Commandments in public schools. Directs the Board of Education, in consultation with the Office of the Attorney General, to develop guidelines regarding the display of the Ten Commandments in the public schools, the first sentence of the second paragraph of the Declaration of Independence, the first two clauses of Article I, Section 16 of the Constitution of Virginia, and the First Amendment to the Constitution of the United States. This bill refers to these materials, collectively, as "transcendent values in historical texts." Local school boards may authorize the display of transcendent values in historical texts in a manner consistent with such guidelines. The Board's guidelines must include, but must not be limited to, provisions that address relevant state and federal constitutional concerns, such as freedom of religion and speech, separation of church and state, and federal and state judicial decisions addressing the permissible and appropriate display of transcendent values in historical texts. The guidelines are not subject to the requirements of the Administrative Process Act; however, this bill incorporates a notice and public hearing process for the development of the guidelines. The Attorney General must provide legal defense of this law as well as any legal defense to the adopted guidelines and to any local school board that displays the documents pursuant to the guidelines.

SUMMARY AS INTRODUCED:

Posting of Ten Commandments in public schools. Directs the Board of Education, in consultation with the Office of the Attorney General, to develop guidelines regarding the posting of the Ten Commandments in the public schools. Local school boards may authorize the posting of the Ten Commandments in a manner consistent with such guidelines. The Board's guidelines shall include, but shall not be limited to, provisions that address relevant state and federal constitutional concerns, such as freedom of religion and speech, separation of church and state, and federal and state judicial decisions addressing the permissible and appropriate display of the Ten Commandments in public schools. The guidelines are not subject to the requirements of the Administrative Process Act; however, the measure incorporates a notice and public hearing process for the development of the guidelines.

Judicial review regarding the display of the Ten Commandments in public buildings relies on the three-pronged test articulated in Lemon v. Kurtzman: the action must have a secular purpose; its primary effect must be neither to advance or inhibit religion; and the action must not foster "excessive governmental entanglement" with religion.