Florida House advances religious expression amendment for schools, drawing church–state concerns

TALLAHASSEE - A proposal to place religious expression protections for public schools into Florida’s Constitution cleared the House this week, passing largely along party lines and setting up a potential statewide vote.

House Joint Resolution 583 would ask voters to decide whether to add a new constitutional section barring discrimination against students and school personnel based on religious viewpoint or expression. The measure passed Tuesday by a 93-to-17 vote.

Big picture view:

If approved by voters, the amendment would require public schools to treat religious expression the same as secular expression in schoolwork, clothing, student activities, and clubs. It would mandate a brief daily moment of silence and allow prayer or other opening remarks at high school championship events, if requested by the school.

Supporters repeatedly emphasized that the resolution does not create new rights. During House debate, bill sponsors, Representatives Chase Tramont and Berny Jacques, described the measure as "a proposed constitutional amendment to take existing state statutes that protect religious liberty and expression in schools and let the voters decide if they wish to codify them into the Constitution."

What they're saying:

Rep. Berny Jacques, who co-sponsored the resolution and answered many of the questions on the House floor, repeatedly told lawmakers the proposal does not expand existing law, but instead mirrors current statute and relies on its existing enforcement mechanisms.

Opponents pressed lawmakers on how the amendment would be applied, noting that terms such as "religious viewpoint" and "religious expression" are not clearly defined in statute. Lawmakers raised concerns about who would decide what qualifies as offensive or derogatory speech at school events and what enforcement mechanisms would apply.

Those questions became central to arguments against elevating the language from statute to the Constitution, where changes would be far more difficult.

Rep. Anna V. Eskamani, a Democrat from District 42, said the existing law already protects students’ rights and that embedding the policy in the Constitution could have unintended consequences.

"Florida law already robustly protects religious expression in public schools, and this proposed constitutional amendment is unnecessary and risks undermining long‑standing constitutional protections for religious freedom and government neutrality," Eskamani said in her explanation of the vote.

Rep. Daryl Campbell, a Democrat from District 99, also cited unresolved constitutional concerns.

"I do not think that church and state should be blended together," Campbell said, adding that there are "too many unanswered questions" about the proposal’s First Amendment implications.

Civil liberties groups, including the ACLU of Florida, echoed those concerns, arguing the amendment could open the door to religious pressure or coercion in public schools.

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What's next:

Because HJR 583 is a joint resolution, it does not become law on its own. To take effect, the proposal would need to appear on a statewide ballot and receive at least 60 percent voter approval.