By Elliott Walker
At a school like Virginia Military Institute, where rules reign supreme,
it is hard to challenge the status quo. But in 2002, VMI juniors Neil
Mellen and Paul Knick spoke out against a VMI practice they found
unacceptable.
At the time, freshmen cadets at VMI, called rats, were required to march
together to dinner and stand while a cadet recited a prayer.
Upperclassmen could be excused, but rats were required to stay.
The prayer was usually to give thanks or ask for God's blessing and
would end with an "Amen," according to court documents.
The cadets said the prayer violated their First Amendment rights to
freedom of religion. They won their case in federal court, and the
prayers are gone.
But now Del. Ben Cline (R-Rockbridge) has submitted a bill in response
to that case that seeks to provide state guidelines for religious
activities in public institutions of higher learning. It is not clear
whether his bill, the Higher Education Religious Freedom Act, would
encourage VMI to revive the now-ended tradition, but the courts seem to
have left that option open.
Cline said he is simply seeking to clarify what is permitted. He said it
became clear after the case that there was no consensus on what
religious activities were appropriate in schools.
“Students came to us and were confused,” he said. “They asked us
questions like could you have prayer at individual tables or before a
meeting?”
Maj. Gen. Josiah Bunting III, who was superintendent of VMI at the time
of Mellen and Knick v. Bunting, argued that the prayers were part of a
larger, non-religious ceremony and served an educational purpose.
Bunting is now retired.
In 2002, the 4th Circuit Court ruled that the suppertime prayer violated
the mandate for separation of church and state. Accordingly, VMI stopped
the prayers.
In April 2004, the U.S. Supreme Court declined to review that ruling
because all parties involved had graduated or left and therefore had no
stake anymore. But in declining to hear the appeal, the Supreme Court
also issued an opinion, which is rare, emphasizing that VMI was no
longer enjoined from offering the supper prayer. VMI spokesman Stewart
MacInnis said that the school has decided not to reestablish the prayer.
“We’re just following the spirit of the guidance from the [Circuit]
court,” he said.
MacInnis said that VMI has not taken a stance on Cline’s bill.
There are already policies concerning religious activity in public
schools. Public elementary and secondary schools may not prevent or deny
students the right to participate in prayer that is not disruptive, nor
may they sponsor or favor any particular sectarian prayer.
The Code of Virginia requires each
school board to establish the daily observance of one minute of silence
in each classroom and also allows student-initiated voluntary prayer.
The Code also states that the Board of Education and the Attorney
General can develop guidelines.
Cline’s bill stresses the need for
“cohesive statewide polices throughout the public and higher education
systems regarding religious activity and expression.”
In a press release, Cline said his bill was needed for an understanding
of the current law and to prevent schools from restricting religious
freedom.
“Students aren’t constitutional scholars,” Cline said. “Groups of
students could use assistance on how they can and cannot express their
religious beliefs.”
If the bill passes, guidelines for religious activities on public
institutions of higher learning would be written by the State Council of
Higher Education in Virginia. All public colleges and universities in
Virginia would follow the same guidelines concerning religious activity.
The bill has been referred to the rules committee of the Virginia
legislature.
Produced by Washington and Lee journalism students.
Lead supervisor: Prof. Claudette Artwick
Reporting supervisors:
Technical supervisor: Michael Todd