Edward M. Kennedy: “I intend to support the amendment of the Senator from North Carolina, as amended, and for these reasons. Under the…”

“I intend to support the amendment of the Senator from North Carolina, as amended, and for these reasons. Under the modification, the amendment only applies, actually, when a court determines that a school district has a policy that effectively prevents a student from engaging in a constitutionally protected prayer. The way I read it, a court would have to make that judgment. So it is only those situations where a student has a constitutional right to pray, as determined by a court, that would be implicated by this amendment. This is, obviously, a difficult balance to be struck in the area of free exercise and the establishment of religion. It is a delicate balance. The modification protects only those situations that the free exercise clause protects. We withhold funds here if we find that there is going to be discrimination on the basis of race. We withhold funds if there is going to be discrimination on the basis of religion. We also have done that with regard to disability. The way I read this amendment, as changed, the amendment would say that if they are going to deny, as a matter of school board policy, constitutionally protected rights, then that school district will lose funds under this act.”