Mississippi public schools may soon have to set aside time for students to pray and read religious texts under the Mississippi Open to Religion Act, which the Mississippi House passed on Feb. 11.
Students in Mississippi already have the right to organize prayer groups, create clubs and engage in moments of silent reflection under a Senate Bill that became law in 2013.
But House Bill 1310 would make it mandatory for public schools to add worship activities into their daily routines. Students and faculty would have the choice to participate or not. They would be required to sign a constitutional waiver saying they consent to partake in religious observance in school, the legislation says. Minors would need permission from their guardians. Students who opt out would have to be physically separated from their classmates to avoid exposure to involuntary religious instruction, the bill says.
Mississippi House Rep. Charles Blackwell, R-Ellisville, sponsored H.B. 1310. He said he expects that having a set time for prayer in schools could help students develop character and discipline, while aiding staff and students in coping with stress.
“We pieced this together to try to be constitutionally sound and to protect everybody involved, as well as the schools,” he told the Mississippi Free Press on Feb. 5.
Complying with State and Federal Law
Under H.B. 1310, each public school district’s board of trustees and the governing boards of charter schools must create their own policies to require each school to give students and employees an optional time outside of school hours to pray and read religious texts.
“I appreciate what you’re doing, gentleman,” Rep. Jeffrey Hulum, D-Gulfport, said to Rep. Jansen Owen, R-Poplarville, on the House floor on Feb. 11. “Who will be leading these prayers? Is it someone outside of the school, or the individual students themselves?”
“It’s the students themselves and any faculty at the school who may also choose to participate,” Owen replied. “It doesn’t preclude them inviting someone to speak. If they want to invite a preacher or someone like that, they could do that.”
For the legislation to comply with state and federal law, students and school employees of all religions would be allowed to practice their beliefs on school grounds only if they or their parents and guardians consent via an opt-in form. The legislation also specifies that religious texts cannot be shared over the intercom system or during classroom instruction and that prayer should be scheduled before school hours or during designated breaks and lunch periods.
“This bill gives parents and students a choice, not a mandate, that provides schools a reliable legal framework to accommodate religious exercise without fear of litigation,” Owen said on the House floor. “It protects parents’ and students’ religious freedom and ends official hostility to religion, restoring a constitutional balance that has long been missing.”
Blackwell told the Mississippi Free Press that the bill’s supporters in the House currently do not have a detailed plan for statewide application of the program or a draft of the consent form. He described a way the program could potentially be implemented.
“For example, let’s say that a school has three different religious groups,” he said. “They can say, ‘You’ve got 10 minutes to use room 104, then group two, you got 10 minutes, and then group three, you have 10 minutes.’”
“We actually had prayer over the intercom. My personal opinion being a Christian is that when kids hear someone praying for them, knowing that someone is wishing for their best interests, I think that does something. It’s an effort to help them with their well-being and moral development.” Blackwell said. The Mississippi Free Press reached out to Blackwell about where this prayer took place but he did not respond by press time.
During the House’s discussion of the legislation on Feb. 11, Rep. Daryl Porter, D-Summit, expressed confusion over the legislation’s purpose because students and employees in public schools can already have silent, private prayer at any time during the day.
“Gentleman, what’s the purpose of this bill?” Porter asked Owen on the House floor on Feb. 11.
“To allow students to pray during school,” Owen responded
“They can’t do it now?” pondered Porter.
“Well, that’s disputed at the moment,” Owen replied.
“By who?” Porter pushed.
“By various districts throughout the state, from what I understand,” Owen said.
He clarified the legislation has protections for school districts so that in case someone sues a district over religious expression, the Mississippi attorney general would defend the district as long as it was complying with H.B. 1310.
“Correct me if I’m wrong: The only time that a school district would be sued is if they’re forcing students to pray, correct?” Porter asked Owen.
“I don’t know about that,” Owen said. “You know, they can be sued for many different reasons. I could file a lawsuit today and say I’m offended because you’re bald.”
“True,” Porter said.
H.B. 1310 Is Unconstitutional, ACLU Mississippi Director Says
The execution of the program would be logistically difficult and unnecessary, said the executive director for the Mississippi branch of the American Civil Liberties Union, Jarvis Dortch. He said it would be more challenging for students to form their own groups as they will have to depend on their schools to organize and manage their gatherings.
The conversation of religion may carry on into the classroom outside of the time set aside for observance, the director noted.
Dortch says the bill is unconstitutional and that it was written in a way to circumvent existing laws about religious teachings in schools. Even if students sign consent forms, school staff is not lawfully allowed to lead prayer circles or force students to participate, according to the U.S. Department of Education’s recent Guidance On Constitutionally Protected Prayer And Religious Expression In Public Elementary And Secondary Schools document.
“The (U.S.) Supreme Court has just said recently that you cannot have an organized program of prayer services administered by school officials,” Dortch said “Employees can lead their own private prayer but they cannot put together programs that are part of a formal school program.”
He also expressed concern that the bill could segregate non-Christian students. H.B. 1310 specifically mentions the Bible and does not include other religious writings. Christianity is the dominant religion in the state, as about 77% of Mississippi adults identify as Christian and less than 1% are Jewish, Muslim, Hindu, and Buddhist, the PEW Research Center recorded in a 2023 to 2024 study. Other vulnerable student populations include those who are atheists, agnostic, or secular, Dortch said.
“It’s going to be harmful for students,” the Mississippi ACLU director said “I mean, you’re going to further marginalize folks. There are going to be folks that are going to be singled out and approached as outsiders.”
The Mississippi Open to Religion Act is one of several bills that legislators have written over the years to incorporate religious instruction into the public school system. Last year, Republicans in the House and Senate drafted unsuccessful bills relating to religion in public schools that did not become law. Senate Bill 2172 required each public school classroom to display a copy of the Ten Commandments, and House Bill 1144 and House Bill 1474 permitted students to receive religious teachings at public schools.
The Mississippi House passed H.B. 1310 on Feb. 11 by an 80-35 vote. It now heads to the Senate for consideration.