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Pennsylvania lawmakers pass bill to overturn ban on teachers wearing religious attire

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OWEN li | Unsplash/Owen li

Pennsylvania lawmakers have passed a bill that would repeal a state ban on public school teachers wearing religious attire, with the legislation awaiting the governor's signature.

The Pennsylvania House of Representatives passed Senate Bill 84 on Monday in a vote of 201-1, with Democrat Rep. Maureen Madden of Monroe County as the lone nay vote.

The proposed legislation had already passed the Pennsylvania Senate in a unanimous 49-0 vote in January and presently awaits Democrat Gov. Josh Shapiro's signature.

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The bill was introduced in January by Republican Sen. Kristin Phillips-Hill of York and Democrat Sen. Judy Schwank of Berks. The sponsors argue that the current state law prohibiting the wearing of religious garb violates the First Amendment.

"This long overdue legislation needs to reach the governor's desk to make Pennsylvania the 50th state to eradicate this archaic law once and for all," said Phillips-Hill, as quoted by the Harrisburg-based WHTM News in January.

"With its broad, bipartisan support from legislators and a diverse coalition of stakeholders, this bill will uphold William Penn's founding principles that our Commonwealth stands for religious freedom and tolerance."

Schwank notes that the First Amendment to the U.S. Constitution protects the rights of Americans to express their religious beliefs. 

"Everyone, and most certainly our educators, should be free to exercise that right in the Commonwealth of Pennsylvania," Schwank said, according to WHTM. "This is not an endorsement of any one religion; it allows people of all faiths to express themselves."

Originally passed in 1949, the current law states that public school teachers cannot wear "any dress, mark, emblem or insignia indicating the fact that such teacher is a member or adherent of any religious order, sect or denomination."

"Any teacher employed in any of the public schools of this Commonwealth, who violates the provisions of this section, shall be suspended from employment in such school for the term of one year, and in case of a second offense by the same teacher he shall be permanently disqualified from teaching in said school," the law continues.

"A person thus twice convicted shall not be eligible to appointment or election as a director of any public school in this Commonwealth within a period of five (5) years from the date of his second conviction."

In 2003, U.S. District Judge Arthur Schwab ruled in favor of a Pennsylvania teacher's aide named Brenda Nichol when she was suspended for wearing a cross necklace at school.  

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