Require Pledge of Allegiance and Allow Student-Led Prayer in Public Schools Amendment

Alabama Amendment 3 would enshrine two provisions into the Alabama state constitution that are already permitted by Alabama state law.

AL Code §16-43-5 requires the pledge of allegiance to be "conducted at the beginning of each school day" in all K-12 schools, and AL Code §16-1-20.5 permits student-led voluntary prayer in public schools.

If these provisions are added into the state constitution, they become harder for future lawmakers to repeal.

The provision would require all public K-12 schools to conduct "The Pledge of Allegiance to the United States flag" each day.

This does not mean that all students would be required to recite the pledge, as the provision protects the students' "right to opt out of participation in the Pledge of Allegiance... based on their own beliefs."

Alabama Amendment 3 would require all public K-12 schools to "allow a prayer to be conducted" as long as it meets two key criteria:

1. "The prayer must be initiated by and led by a student"; and
2. "No student may be required to participate in a prayer."

"The prayer must be initiated by and led by a student."

Yes, student participation for both the Pledge of Allegiance to the United States and prayer is voluntary. Students will be able to "opt out... based on their own beliefs."

The final text of the amendment states any violation of this amendment should be reported to the "local superintendent of education" for his or her review. It does not mandate any particular punishment for violations.

Yes, Alabama Amendment 3 is consistent with the First Amendment of the United States of America, which respects the right of citizens to freely exercise their religion. This perspective has been confirmed by the Supreme Court as recently as 2022. In its ruling on Kennedy v. Bremerton, the majority opinion stated that voluntary prayer at public school events is protected by "both the Free Exercise and Free Speech Clauses of the First Amendment."

While state law already permits student-led, voluntary prayer in Alabama public schools, it is wise and fitting for the voters to enshrine it in the state's constitution.

A state's constitution—like the United States' national constitution—outlines the rights of its citizens. We believe that religious freedom is a fundamental right of all people, and therefore, it would be fitting for it to be reflected in the Alabama state constitution.

Additionally, it would be wise for Alabama voters to enshrine this right in the state's constitution, because it would make a future repeal more difficult.