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Committee introduces RS 31972C1, a 'Bible Reading' RS; proponents cite history and recent Supreme Court tests, opponents raise First Amendment concerns

2408434 · February 6, 2025
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Summary

Representative Jordan Redmond (District 3) presented RS 31972C1, described as the "Bible Reading Act," to require sequential Bible readings in classrooms without instruction or comment while including conscience protections and injunctive relief.

Representative Jordan Redmond (District 3) presented RS 31972C1, described in his remarks as the "Bible Reading Act," a proposal that would require schools to provide a policy permitting sequential Bible passages to be read in classrooms "without instruction or comment." Redmond said the bill includes accommodations for teachers and students with consciences that prevent participation and specifies injunctive relief as the enforcement mechanism rather than criminal or civil damages.

Redmond framed the proposal as consistent with Idaho's constitutional history and recent shifts in Supreme Court jurisprudence. He told the committee the bill "satisfies the history and tradition test created by the US Supreme Court" and that the text would require reasonable accommodations and allow petition for injunctive relief by students, parents, school employees or the attorney general when a violation occurs.

Blaine Kinzotti, introduced by the sponsor as a representative of the Idaho Family Policy Center, reviewed the bill's legal history in the committee packet and said Idaho had a longstanding practice of school-sponsored Bible reading beginning with a 1925 state law (House Bill 69) and an Idaho attorney general's opinion from 1926. Kinzotti argued that the U.S. Supreme Court's 2022 decision in Kennedy v. Bremerton moved constitutional analysis away from the Lemon test toward a "history and tradition" approach that, he said, would allow the practice under current federal precedent.

Committee members asked constitutional questions. Representative Garner asked whether the current attorney general had given a public opinion on constitutionality; Mr. Guzman (committee counsel) replied that the Attorney General's office was not issuing public opinions at this time. Representative Nelson expressed opposition on principle, saying the nation was settled by people "moving away from state mandated religion" and that the RS "picks a particular religion's Bible" in a way he did not support. Representative Clow said he would support introduction to allow public input but had "serious reservations." Representative Clas said he had concerns about the "history and tradition" test and wanted deeper First Amendment analysis in a full hearing; Representative Sauter likewise said he would introduce but withheld further position at this stage.

The committee voted to introduce RS 31972C1 on a motion by Representative Hawkins; the transcript records a voice vote of "aye" with no roll-call tally and several members registering reservations that they supported introduction only to allow public input. The RS as presented contains conscience protections and provides injunctive relief as the enforcement mechanism; the RS text and the packet materials referenced in committee contain historical citations and an excerpt of an Idaho attorney general opinion provided to members.

Next steps: the RS was introduced for printing and will be scheduled for a full committee hearing, where staff and counsel said they expect to examine constitutional questions and accommodations in greater detail.