A bill to undo Nebraska’s ban on public schoolteachers wearing religious garb in the classroom advanced in the Legislature on Wednesday with overwhelming support.
Supporters of the repeal questioned the ban’s constitutionality, and said states shouldn’t impede free exercise of religion as long as it isn’t forced upon others.
The repeal’s only opponent was Omaha Sen. Ernie Chambers, who relinquished his one-man blockade of the bill after nearly two full mornings of debate, allowing it to advance to a second round of consideration.
“I speak panther. You all speak mouse,” he told fellow senators at one point. “I speak the language of the solitary dweller, like a mountain lion. You all speak the language of lemming.”
Chambers wants the ban kept in place. An outspoken critic of religion, he argued that because school attendance is mandatory in Nebraska, the state should provide an environment for students that is free of religious expression.
“Those children need to be shielded and protected,” he said. “The issue as I see it is whether those who hold religious dominance in the state will impose their will on others under the pretense, and the false flag, of saying they want to protect everybody’s religion.”
Lincoln Sen. Adam Morfeld countered that the ban applies to religious minorities as well, noting that it could prevent Muslim women in his legislative district from becoming public school teachers.
The existing ban makes any violation a criminal misdemeanor offense, and says teachers who violate the law must be suspended for one year the first time, and barred for life from teaching the second time.
Chambers initially tried to change the repeal bill to leave the ban in place but eliminate the penalties. When that failed, he moved to kill the repeal bill entirely.
Unusually, Chambers found himself crosswise with the American Civil Liberties Union of Nebraska, which has joined several pro-religious liberties groups in supporting the repeal. He said if those groups believe the ban is unconstitutional, they can challenge it in court.
Speaker of the Legislature Jim Scheer sponsored the repeal bill on behalf of a Catholic nun who was told she couldn’t teach at Norfolk Public Schools while wearing her habit.
Scheer said teachers are professionals who can adhere to their personal religious views while sticking to the subject at hand in the classroom.
Other supporters said schools should provide an opportunity for children to be exposed to and learn acceptance of people from all cultures and faith backgrounds — be they Christian, Muslim or something else entirely.
“Our public schools should open kids’ minds to diversity,” said Lincoln Sen. Anna Wishart. “Children should not live in a bubble.”
The measure (LB62) advanced on a 36-1 vote. It will require two more rounds of voting to become law.