Unnecessary bill would cause confusion, likely result in costly litigation


The American Civil Liberties Union of Kentucky opposes legislation that passed today out of a Kentucky Senate committee that restates protections that already exist regarding students’ rights to express and practice their faith in public schools, and opens the door to requiring local boards of education, and public universities, to fund discriminatory student organizations in violation of their First Amendment Right to academic freedom.

“SB15 is unnecessary because the First Amendment already protects students’ voluntary ability to pray and express religious viewpoints,” said ACLU Program Director Derek Selznick.  “This proposal, while dressed in new rhetoric, is an attempt to allow unconstitutional state-sponsored prayer and proselytizing in public schools,” added Selznick.

Provisions of SB15 would also prohibit Kentucky’s local boards of education and public universities from denying funding to student organizations that discriminate against members based on sexual orientation or religion.

“Under the First Amendment, students have the right to form clubs and organizations that deny membership based on certain characteristics.  However, a group’s right to select its members does not include the right to government sponsorship or funding for such activities,” said Selznick.

The ACLU of Kentucky has a long, proud history of vigorously defending religious freedom.  The organization opposes all attempts to misuse religious freedom to restrict others’ fundamental rights.