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Senate advances bill requiring weekly Pledge of Allegiance instruction in schools, with opt-out

Utah State Senate · January 29, 2003
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Summary

Senate Bill 105 would require secondary schools to provide instruction on the flag and to have the Pledge of Allegiance recited once per week; it includes explicit opt-out language and passed the Senate after floor debate about local control and religious exemptions.

The Utah Senate advanced Senate Bill 105 on Jan. 28, 2003, sending the measure to the third reading calendar after substantive floor debate. The bill requires public secondary schools to provide instruction about the history and customs of the flag and to recite the Pledge of Allegiance once a week at the start of the school day, while explicitly protecting students who choose not to participate.

Sponsor Senator Butters described the bill as fourfold, including a program of instruction about the flag and the pledge and a weekly recitation in secondary schools. "It does 4 things... Line 16, it includes the instruction, shall include the history of our flag, adequate in customs concerning the display and use of our flag," he said, and added the weekly recitation requirement. Butters stressed that participation is voluntary: the bill provides an opt-out and requires notice in a conspicuous place that students may decline to participate.

Supporters referenced civic education and patriotism. Senator Thomas, describing his military background, said reciting the pledge helps teach “values” and patriotism. Senator Wright cited committee testimony that some students selected for state programs did not know the pledge and said the bill helps remedy that. Opponents and questioning senators pressed on whether the change should be mandated by the Legislature or left to local school boards and sought assurance that religious or other conscience objections would be accommodated. Senator Butters said the bill includes explicit opt-out protections: "Each student shall be informed by posting a notice in a conspicuous place that the student has the right not to participate in reciting the pledge."

On the roll call the Senate recorded 26 aye votes, 2 no votes and 1 absent; the bill advanced to the third reading calendar. The bill does not impose penalties on students who opt out and includes language intended to encourage respectful treatment of nonparticipants. The next step is the third reading on the Senate calendar.