PIERRE, S.D. – With an out-of-state petitioner angling to mandate prayer in South Dakota schools, some consider it a misuse of the state ballot measure system. That includes the state ACLU chapter.
The petition would require students and teachers to receive an exemption from a school principal before opting out of mandated school prayer.
That, according to ACLU advocacy manager Samantha Chapman, is compelled speech.
“Anytime you see any kind of compelled prayer in schools, its an immediate First Amendment flag,” Chapman said. “Our First Amendment pretty clearly lays out that it’s enshrining religious freedom and that includes two different complimentary protections – the right to religious belief and expression, but also a guarantee the government will neither prefer one religion over another nor prefer religion over non-religion.”
Chapman said the proposal doesn’t work for the state.
“Lots of people in South Dakota have a religion or faith that’s very important to them, however South Dakotans also really love their freedom,” Chapman said. “I can’t imagine very many teachers, students and their families would be too excited about a required prayer. Even if it’s saying it’s meant to be non-denominational.”
Additionally, she questioned the intent of those behind the petition.
“South Dakota was the first state in the nation to establish a citizen-led ballot measure process to create direct democracy – it’s really a part of our state’s political identity,” Chapman said. “When we see somebody whose looking around the country to shop for a good landscape to launch this effort, to that I think it’s manipulating our citizen-led ballot measure process with the stated goal of trying to bring a case before the Supreme Court of the United States.”
A Florida man is spearheading this ballot measure. He told SDPB he filed the measure in South Dakota because the state has a lower threshold for signature requirements to get it on the ballot.
Hillel Hellinger, the sponsor of the ballot measure, based out of North Miami Beach Florida, told Dakota News Now that he doesn’t believe there is a conflict of separation of church and state since these prayers are non-denominational.
However, in a set of comments sent to Dakota News Now, Hellinger sees the belief in God as a central foundational aspect to the founding of the nation as evident in the Declaration of Independence.
Hellinger believes this ballot measure can bring faith back to America and teach children to be more virtuous in their behavior.
Although the First Amendment doesn’t specifically address the term separation of church and state, the case of Everson v. Board of Education discussed a wall of separation that should be present between government and religious institutions. It also confirmed that the government can’t favor one religion over another.
The South Dakota Legislative Research Council acknowledged the potential legal troubles and, in a letter sent to Hellinger, they said that he may want to make modifications to the text of the proposal to address constitutional issues.
The South Dakota Attorney General’s Office says this proposed measure would require each public school teacher, from kindergarten through 12th grade, to lead students in prayer every morning.
The proposed prayer from the measure is: “Almighty God, who is aware of His creation, who keeps it going and judges it, please have mercy on us.”
The Attorney General’s Office says students would be required to repeat each phrase after the teacher.
Both teachers and students can choose to not participate in the prayer on religious grounds. Requests to be excused from the prayer must be turned in to the principal in writing.
The measure would require 17,509 valid petition signatures to be on the 2026 general election ballot.
The public is invited to provide written comments on the proposed measure. Comments may be emailed to [email protected]. You can also mail or hand deliver comments to the Attorney General’s Office at the following address:
Office of the Attorney General
Ballot Comment
1302 E. Hwy. 14, Suite 1
Pierre, SD 57501
Comments must be received by the end of the business day on Friday, Aug. 30, 2024.
