With the entry into force of the law on voluntary school pastoral care, the possibility of legal action increases

July 5, 2024

A new law went into effect in Florida earlier this month giving school districts the ability to hire volunteer chaplains. But opponents of the law have concerns about how those volunteers will be vetted and how the rights of students and their families will be protected.

Under the measure, school districts and charter schools could allow clergy to provide support, services and programs to their students as long as certain requirements are met: Parents must provide written consent for their children to participate, and schools would have to publish lists of volunteer clergy and their religious affiliations. But some opponents, like Ryan Jayne of the Freedom From Religion Foundation, worry that the program could create a barrier to children getting the help they need.

He acknowledges that some volunteer pastors recognize when it is time to refer students to someone better trained who can help them.

“…but there are others whose only tool is the enforcement of their personal religious beliefs.”

Similar bills have been introduced in 14 other states, and Jayne says they have been passed in Texas and Louisiana in addition to Florida. He says his organization monitors the programs closely. If they learn that a chaplain is teaching religion to students at a Florida public school…

“…we will reach out to the school districts immediately. We always try to settle things without going to court, so the first step for us will be to talk to the school district and try to get them to correct things without having to file a lawsuit. But if we learn of a violation and we can’t resolve it with the school district, we will definitely start preparing a lawsuit.”

Jayne says he wouldn’t be surprised if the legislation also leads to lawsuits from other groups. For example…

“There will certainly be Satanists applying for programs in Florida to become chaplains,” he said.

The Satanic Temple did not immediately respond to requests for comment. However, they have raised a similar measure in the Utah legislature and said they would be happy to participate. The bill was defeated. Here’s Jayne again:

“That would definitely expose school districts to legal challenge, so that’s another potential trap that school districts could fall into,” he said. “If they implement a chaplaincy program, they have to open it up to everyone, including religions that they may not like so much.”

And Gov. Ron DeSantis seems to agree that lawsuits are likely. When he signed the law in April, he said he expected the measure to be challenged in court. But he says he thinks concerns about a church-state violation are unfounded. He pointed to parts of the law that make attendance at chaplaincy services optional.

“This law requires that when clergy come to campus, parents have to consent to students receiving services there,” he said. “So it’s purely voluntary. It’s not forcing anyone to do anything they don’t want to do. The ACLU is basically saying it’s OK to discriminate against religious organizations. They think the church should be a second-class citizen.”

So far, no one has announced a lawsuit against the bill.