ASSEMBLY CONCURRENT RESOLUTION No. 29

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblywoman CRECCO

A Concurrent Resolution expressing opposition to the decision of the United States Supreme Court barring prayer at public school graduation ceremonies and urging the public schools in the State of New Jersey to find legal ways to include prayer at graduation exercises.

Whereas, The United States Supreme Court held in Lee v. Weisman that school sponsored prayers at graduation exercises coerces students to participate in violation of the First Amendment's ban on government establishment of religion; and

Whereas, The clergyman in the Weisman case had recited a nonsectarian prayer; and

Whereas, Justice Scalia noted in his dissent that the ruling "lays waste a tradition that is as old as public-school graduation ceremonies themselves, and that is a component of an even more longstanding American tradition of nonsectarian prayer to God at public celebrations generally"; and

Whereas, It is unclear under the decision whether a prayer offered by a student at a graduation ceremony would violate the court's ban; now, therefore,

    Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

    1. The New Jersey Legislature expresses its opposition to the decision of the United States Supreme Court in Lee v. Weisman (Case No. 90-1014) in which the court held that school-sponsored prayers at graduation ceremonies violate the Establishment Clause of the First Amendment of the United States Constitution.

    2. The public schools in the State of New Jersey are urged to find legal ways to continue to include prayer at graduation exercises.

    3. Duly authenticated copies of this resolution, signed by the President of the Senate and attested by the Secretary of the Senate, and signed by the Speaker of the General Assembly and attested by the Clerk of the General Assembly, shall be transmitted to the Chief Justice and each Associate Justice of the United States Supreme Court, and to the Commissioner of the New Jersey State Department of Education, for dissemination to the local school districts in the State.

STATEMENT

    This resolution expresses the opposition of the Legislature to the decision of the United States Supreme Court in Lee v. Weisman (Case No. 90-1014) in which the court held that school-sponsored prayers at graduation ceremonies violate the Establishment Clause of the First Amendment of the United States Constitution.

    The resolution urges the public schools in the State of New Jersey to find legal ways to continue to include prayer at graduation exercises.

Opposes decision of U.S. Supreme Court regarding school prayer at graduation; urges public schools to find legal ways to include such prayers.