Gov. Shapiro signs bill repealing ban on religious garb worn by teachers

Public school teachers in Pennsylvania will soon be allowed to wear jewelry or clothing bearing a religious emblem or symbol while on the job.

Gov. Josh Shapiro signed a bill Monday that repeals a section of the state’s school code from 1949 that penalized a teacher for such religious displays and held the school board liable if they failed to enforce that mandate.

The House of Representatives on Monday voted 201-1 to give final approval to the bill. The law will take effect in 60 days.

The legislation, sponsored by Sens. Kristin Phillips-Hill, R-York County, and Judy Schwank, D-Berks County, grew from of a 2003 ruling in a federal lawsuit filed by an instructional aide at the Arin Intermediate Unit who refused to comply with her supervisor’s demand to remove or conceal a cross she wore on a necklace.

A district court judge determined the ban on religious symbols violated the Constitutional freedom of speech and religious expression.

At the time, Nebraska and Pennsylvania were the only two states that had such laws. Nebraska repealed its religious garb ban in 2017.

In a 2011 article in the Indiana Journal of Global Legal Studies, author Caitlin S. Kerr writes about Pennsylvania and Nebraska’s bans at that time: “By specifically targeting religious garb, these states signal hostility toward religion and preference for secular themes. The continuation of such policies will adversely affect students’ ability to navigate through a globalized society in their adult lives.”

About the House’s passage of the bill, Phillips-Hill said, “William Penn built our commonwealth on religious freedom and tolerance. It is about time Pennsylvania crossed this archaic law out of its books. I look forward to the governor’s signature on this bill to ensure our Commonwealth upholds Penn’s founding principle that protects people of all faiths by upholding our First Amendment rights in the classroom.”

Schwank echoed the sentiment that restricting an individual’s right to express their faith is incompatible with the commonwealth’s founding principles.

“With the House’s approval of Senate Bill 84, I’m proud to say we’ve rectified a longstanding error in Pennsylvania law, now permitting teachers to wear religious garb in the classroom,” Schwank said. “This move brings Pennsylvania in line with the rest of the nation, ending our status as the only state still upholding this kind of prohibition.”

The bill passed the Senate by a 49-0 vote in January.