Republican lawmakers back bill to force Arizona schools to allow off-campus religious instruction

A bill that would force Arizona public schools to let kids attend religious education courses off campus is making its way through the Arizona Legislature.

Senate Bill 1741 would require governing boards for public school districts and charter schools to allow students to attend religious courses for one to five hours per week with permission from their parents.

Senate President Warren Petersen (R-Gilbert), the bill’s sponsor, said the legislation would codify a practice that many school districts have already adopted.

“It would provide a consistency throughout the state,” Petersen said.

But critics argue the legislation would inappropriately force religion into public schools, claiming it is backed by LifeWise Academy, a nonprofit that provides Christian curriculum for these types of off-campus courses and has pushed for similar legislation in other states.

Rep. Nancy Gutierrez (D-Tucson) accused that group of spreading anti-LGBTQ ideology.

She also said that off-campus religious instruction would take away from valuable instructional time.

“If parents want religious education, go to a private school,” Gutierrez (D-Tucson), a high school teacher said. “This is a ridiculous ask of public schools to allow students out of their control, off of their campus for this and sacrifice school time for it.”

Rep. Matt Gress (R-Phoenix), chair of the House’s education committee, said the measure wouldn’t force any student to participate.

“This is completely voluntary and also requires the parents to sign off on it,” he said.

The bill would also require the organization providing the religious instruction to assume legal responsibility for the students.

Both supporters and opponents made constitutional arguments to defend their positions, with critics arguing the bill violates the constitutional prohibition on laws “respecting the establishment of religion.”

“This principle exists for an important reason,” said Chloe Love, a legal intern with Secular AZ, a group that advocates for the separation of church and state. “Public schools serve students of all faiths and beliefs.”

Gress pointed out that the U.S. Supreme Court in 1952 found that religious instruction during the school day is constitutional as long as it takes place off campus.

“It’s called the First Amendment, folks,” Gress said. “The Free Exercise provision of the First Amendment trumps whatever instructional time model we have.”

SB 1741 passed the Arizona Senate with only Republican support in February, and received preliminary approval from the House on Thursday. The bill still needs to pass a final House vote before moving to Gov. Katie Hobbs’ desk.