With an out-of-state petitioner angling to mandate prayer in South Dakota schools, some consider it a misuse of the state ballot measure system. That includes the state ACLU chapter.
The petition would require students and teachers to receive an exemption from a school principal before opting out of mandated school prayer.
That, according to ACLU advocacy manager Samantha Chapman, is compelled speech.
“Anytime you see any kind of compelled prayer in schools, its an immediate First Amendment flag," Chapman said. "Our First Amendment pretty clearly lays out that it’s enshrining religious freedom and that includes two different complimentary protections – the right to religious belief and expression, but also a guarantee the government will neither prefer one religion over another nor prefer religion over non-religion.”
Chapman said the proposal doesn’t work for the state.
“Lots of people in South Dakota have a religion or faith that’s very important to them, however South Dakotans also really love their freedom," Chapman said. "I can’t imagine very many teachers, students and their families would be too excited about a required prayer. Even if it’s saying it’s meant to be non-denominational.”
Additionally, she questioned the intent of those behind the petition.
“South Dakota was the first state in the nation to establish a citizen-led ballot measure process to create direct democracy – it’s really a part of our state’s political identity," Chapman said. "When we see somebody whose looking around the country to shop for a good landscape to launch this effort, to that I think it’s manipulating our citizen-led ballot measure process with the stated goal of trying to bring a case before the Supreme Court of the United States.”
A Florida man is spearheading this ballot measure. He told SDPB he filed the measure in South Dakota because the state has a lower threshold for signature requirements to get it on the ballot. You can find more from his interview here.
