[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5187 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5187
To provide for a cause of action to remedy prohibitions on personal
prayer in schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 11, 2023
Mr. Gaetz (for himself, Mr. Rosendale, Mr. Biggs, Mr. Good of Virginia,
and Mr. Crane) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for a cause of action to remedy prohibitions on personal
prayer in schools.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Prayer in Schools Act of
2023''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States of America is a nation under God.
(2) The Declaration of Independence makes clear that our
nation was blessed by the ``Supreme Judge of the world'' and
our laws are derived from ``Laws of Nature'' and ``Nature's
God.''
(3) At the time of the First Amendment's drafting, many
states observed state religions and referred to God in their
constitutions--thus, the 1st Amendment was never intended to
contrast with the existence and veneration of God throughout
our states.
(4) The intent of the Constitution was never to render the
United States a secular country;
(5) Our Founding Fathers would be appalled to learn the
Establishment Clause of the 1st Amendment was being weaponized
not to prevent the establishment of a state religion, but to
suppress religion in schools across the states, contrary to the
Free Exercise Clause.
(6) John Adams said in 1789, while addressing the
Massachusetts Militia, ``Our constitution was made only for a
moral and religious people. It is wholly inadequate to the
government of any other.''
(7) On June 28, 1813, John Adams wrote to Thomas Jefferson
saying, ``The general Principles, on which the Fathers
Atchieved Independence, were the only Principles in which, that
beautiful Assembly of young Gentlemen could Unite, and these
Principles only could be intended by them in their Address, or
by me in my Answer. And what were these general Principles? I
answer, the general Principles of Christianity. . .''
(8) James Madison wrote in 1785 in his Memorial and
Remonstrance Against Religious Assessments ``It is the duty of
every man to render to the Creator such homage. Before any man
can be considered as a member of Civil Society, he must be
considered as a subject of the Governor of the Universe.''
(9) Alexander Hamilton wrote to James Bayard in 1802: ``I
now offer you the outline of the plan they have suggested. Let
an association be formed to be denominated''The Christian
Constitutional Society,`` its object to be first: The support
of the Christian religion. Second: The support of Constitution
of the United States.''
(10) George Washington, on October 3rd in 1789 at a
National Day of Thanksgiving, wrote ``. . . it is the duty of
all nations to acknowledge the providence of Almighty God, to
obey His will, to be grateful for His benefits, and humbly to
implore His protection and favor .''
(11) On May 9, 1833 Chief Justice John Marshall wrote to
Jasper Adams: ``The American population is entirely Christian,
and with us Christianity and Religion are identified. It would
be strange indeed, if with such a people, our institutions did
not presuppose Christianity, and did not often refer to it, and
exhibit relations with it.''
(12) On March 28, 1787, Dr. Benjamin Rush wrote an open
letter ``To the citizens of Philadelphia: A Plan for Free
Schools'', saying, ``Let the children . . . be carefully
instructed in the principles and obligations of the Christian
religion. This is the most essential part of education. The
great enemy of the salvation of man, in my opinion, never
invented a more effectual means of extirpating Christianity
from the world than by persuading mankind that it was improper
to read the Bible at schools . . .'' The only foundation for a
useful education in a republic is to be laid in religion.
Without this there can be no virtue, and without virtue there
can be no liberty.
(13) The Same Congress that passed the 1st Amendment, also
drafted Article 3 of the Northwest Ordinance which contained
the following language: ``Religion, Morality and knowledge
being necessary to good government and the happiness of
mankind, Schools and the means of education shall be forever
encouraged.''
(14) While the founders did not wish to establish state
religion, they sought to encourage and protect religion
throughout the United States.
(15) The Supreme Court of the United States held in Kennedy
v. Bremerton School District that the Free Exercise and Free
Speech Clauses of the First Amendment protect an individual
engaging in a personal religious observance from government
reprisal.
(16) The Constitution neither mandates nor permits the
government to suppress such religious expression.
SEC. 3. CIVIL ACTION.
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, subjects, or causes to be subjected, any
citizen of the United States or other person within the jurisdiction
thereof to any limitation on the ability of that person to engage in
personal prayer in public elementary and secondary schools shall be
liable to the party injured in an action at law, suit in equity, or
other proper proceeding for redress, except that in any action brought
against a judicial officer for an act or omission taken in such
officer's judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief was
unavailable. For purposes of this section, the terms ``elementary
school'' and ``secondary school'' have the meanings given those terms
in section 8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
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