Florida House Votes to Stop Religious Discrimination, Passes “Religious Freedom Act” by Representatives Scott Plakon and Steve Precourt

Repeals the Discriminatory Blaine Amendment in Florida’s Constitution

Tallahassee, FL – Yesterday the Florida House of Representative passed House Joint Resolution 1471, known as the Religious Freedom Act, by Representatives Scott Plakon (R-Longwood) and Steve Precourt (R-Orlando). The HJR proposes an amendment to Florida’s constitution repealing the discriminatory Blaine Amendment language currently in Article I Section 3 of the Florida Constitution, which bars access to public aid and limits religious freedom. The proposed constitutional amendment repeals language that goes further than the U.S. Constitution to restrict access to funding based only on one’s religious affiliation or identity.

“The current language is clearly bigoted in its origin, discriminatory on its face, and increasingly problematic in its application,” said Representative Plakon. “Adopted alongside the racist separate-but-equal doctrine in the 1885 Constitution, it’s time that the people of Florida be given the opportunity to remove this stain upon our state’s history, which has escalated from discriminating against one religious denomination to all people of faith. Our guaranteed freedom of religion, as envisioned by the founding fathers, must be protected from those who wish to impose a ‘freedom from religion’ standard.”
“Blaine Amendments are antiquated constitutional tenants rooted in bigotry that go far beyond the separation of church and state envisioned by our founding fathers,” said Representative Precourt. “If we don’t take action now, millions of dollars in quality state programs- from Bright Futures to Voluntary Pre-Kindergarten – may be jeopardized.”

In 2000, a plurality of the U.S. Supreme Court in Mitchell v. Helms acknowledged that Blaine Amendments have “a shameful pedigree that we do not hesitate to disavow” and represent a “doctrine, born of bigotry, [that] should be buried now.” Though this proposed amendment will remove a limit on the power of the state to spend funds, the state will continue to be limited by the Establishment Clauses of the Florida and U.S. Constitutions. Under the Establishment Clauses, government aid may not result in governmental indoctrination, define its recipients by reference to religion, or create an excessive entanglement.

The proposed constitutional amendment will read:

RELIGIOUS FREEDOM.—Proposing an amendment to the State Constitution to provide, consistent with the United States Constitution, that no individual or entity may be denied, on the basis of religious identity or belief, governmental benefits, funding, or other support, and to delete the prohibition against using revenues from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.

The proposed constitutional amendment’s Senate companion, Senate Joint Resolution 1218, is sponsored by Senator Thad Altman (R-Melbourne). The Senate must pass the joint resolution before it can be placed on the November 2012 ballot to be voted on by the Florida electorate.