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Charles J. Russo, Joseph Panzer Chair in Education and Research Professor of Law, University of Dayton

Public schools and faith-based chaplains: Texas’ new combination is testing the First Amendment

When public school counselors are in short supply, should chaplains be allowed to fill the gap? Vladimir Vladimirov/E+ via Getty Images

In 1996, a school board in eastern Texas created a program called Clergy in Schools. Beaumont Independent School District recruited volunteer clergy to counsel K-12 students on topics such as self-esteem, peer pressure and violence. The goal, officials said, was to create volunteer opportunities, encourage conversation about civic values and morality, and enhance safe learning environments.

Clergy in Schools didn’t last long. A federal trial court in Texas invalidated the program in 2002. The judge found that the program violated the First Amendment, according to which, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” More specifically, the court held that the program was unconstitutional because it was not neutral with regard to faith and conveyed the message that religion is preferable to a lack of religion.

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