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10
53E-4-205.2
53E-4-205.3
53G-10-202
53G-10-302
53H-3-605
0
Religious Curriculum in Schools
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Tiara Auxier
LONG TITLE
General Description:
This bill amends education curricula requirements relating to religious liberty.
Highlighted Provisions:
This bill:
amends curricula requirements to address religious liberty;
amends requirements for higher education graduates; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-4-205.2
, as enacted by Laws of Utah 2025, Chapter 142
53G-10-202
, as last amended by Laws of Utah 2025, Chapter 380
53G-10-302
, as last amended by Laws of Utah 2024, Chapter 452
53H-3-605
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 8
ENACTS:
53E-4-205.3
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-4-205.2
is amended to read:
53E-4-205.2
. American constitutional government and citizenship course
standards.
(1)
Beginning in the 2026-2027 school year,
except as provided in Subsection
(2)(e)
,
and as
part of the social studies requirement established under Section
53E-4-204
, the state
board shall require instruction on American constitutional government and citizenship.
(2)
In accordance with Subsections
(3)
and
(4)
, the state board shall create standards for the
course required under Subsection
(1)
that:
(a)
examine American founding principles, including:
(i)
classical republicanism, natural rights, and colonial religious traditions; and
(ii)
the text and principles of the Declaration of Independence and relationship to the
United States Constitution;
(b)
examine the text of the United States Constitution, including:
(i)
structure, powers, and limits of the legislative, executive, and judicial branches;
and
(ii)
the principles and operation of federalism and the state constitutional tradition;
(c)
examine the development of the United States Constitution through amendments,
including:
(i)
the creation and application of the Bill of Rights;
(ii)
the adoption and enforcement of the Civil War and Reconstruction Amendments;
and
(iii)
the adoption and enforcement of the
other
voting rights amendments;
and
(d)
examine the practice of self-government at the state and local level, including:
(i)
the Utah Constitution and local government, including counties, municipalities,
and tribal governments;
(ii)
state and local elections, including the current candidate nomination and selection
processes
; and
(iii)
the responsibilities of citizenship and participation in civil society
.
; and
(e)
beginning no later than the 2027-2028 school year, examine the fundamental role of
religion in United States history and the primacy of religious liberty to American
constitutional government, including the optional topics described in Section
53E-4-205.3
.
(3)
The course described in this section shall prioritize a close reading of the following
primary source documents:
(a)
the Mayflower Compact;
(b)
the Declaration of Independence;
(c)
the Iroquois Constitution;
(d)
the United States Constitution;
(e)
George Washington's Farewell Address;
(f)
selected passages from the Federalist and Antifederalist Papers;
(g)
the Articles of Confederation;
(h)
speeches of Frederick Douglass;
(i)
the Lincoln-Douglas Debates;
(j)
speeches of Abraham Lincoln;
(k)
the Seneca Falls Declaration;
(l)
the Letter from Birmingham Jail;
(m)
the Utah Constitution; and
(n)
other essential documents from American constitutional history.
(4)
The state board shall, in collaboration with the Civic Thought and Leadership Initiative
within the Center for Constitutional Studies at Utah Valley University, develop
standards that fulfill the requirements of this section.
Section 2. Section
53E-4-205.3
is enacted to read:
53E-4-205.3
. Religious liberty instruction -- Optional topics.
(1)
In accordance with Section
53E-4-205.2
, the state board standards for the course on
American constitutional government and citizenship may instruct an educator that the
educator may examine the fundamental role of religion on the following topics:
(a)
foundational documents and speeches in United States history, including the primary
source documents described in Subsection
53E-4-205.2(3)
;
(b)
exploration and colonization of the Americas;
(c)
early settlement of the North American colonies by religious refugees, including
Puritans, Catholics, Quakers, and Jews;
(d)
education and literacy, including early colleges;
(e)
concepts of the consent of the governed, including covenantal concepts in the
Mayflower Compact and early New England church and civil government;
(f)
the American Revolution, including the influence of the First Great Awakening and
of religious sermons and pamphlets on liberty and tyranny;
(g)
concepts of moral equality and natural rights, including in the Declaration of
Independence and other American declarations of rights;
(h)
the debates in the Constitutional Convention and state ratifying conventions on the
United States Constitution, especially the First Amendment;
(i)
the abolition of slavery in the United States;
(j)
social welfare and reform movements, including:
(i)
the temperance;
(ii)
women's suffrage;
(iii)
freedmen's aid;
(iv)
child labor;
(v)
immigrant aid; and
(vi)
anti-lynching movements;
(k)
United States opposition to totalitarianism, fascism, and communism;
(l)
United States reconstruction of former World War II enemies;
(m)
the 1950s and 1960s nonviolent Civil Rights Movement; and
(n)
religious pluralism in contemporary America.
(2)
An LEA shall ensure that the topics enumerated in Subsection
(1)
are optional.
Section 3. Section
53G-10-202
is amended to read:
53G-10-202
. Maintaining constitutional freedom in the public schools.
(1)
Except as provided in this section and in Section
53G-10-206
, any instructional activity,
performance, or display which includes examination of or presentations about religion,
political or religious thought or expression, or the influence thereof on music, art,
literature, law, politics, history, or any other element of the curriculum, including the
comparative study of religions
and the fundamental role of religion in the history of the
United States and other countries
, which is designed to achieve academic educational
objectives included within the context of a course or activity and conducted in
accordance with applicable rules or policies of the state and LEA governing boards, may
be undertaken in the public schools.
(2)
No aspect of cultural heritage, political theory, moral theory, or societal value shall be
included within or excluded from public school curricula for the primary reason that it
affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the
existence of a spiritual realm or supreme being.
(3)
Public schools
A public school
may not sponsor or deny the practice of prayer or
religious devotionals.
(4)
School officials and employees may not, regardless of a school, LEA, or state board
rule or policy,
Notwithstanding any policy or state board rule, a school official or
employee may not
use the official's or employee's position to endorse, promote, or
disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
viewpoint.
(5)
An LEA shall ensure that:
(a)
a student may express the student's beliefs about religion in homework, artwork, and
other written or oral assignments free from discrimination based on the religious
perspective of the student's submissions;
(b)
home and classroom work is:
(i)
not penalized or rewarded on the basis of religious perspective; and
(ii)
judged by ordinary academic standards of substance, relevance, and other
legitimate pedagogical objectives; and
(c)
notification of the constitutional freedoms described in this section is provided to
school officials, employees, and students.
Section 4. Section
53G-10-302
is amended to read:
53G-10-302
. Instruction in American history and government -- Study and
posting of American heritage documents.
(1)
As used in this section, "Ten Commandments" means the Decalogue, known as the Ten
Commandments, as recorded in the Hebrew Scriptures in Exodus 20:2-17 and
Deuteronomy 5:6-21.
(2)
The Legislature recognizes that a proper understanding of American history and
government is essential to good citizenship, and that the public schools are the primary
public institutions charged with responsibility for assisting children and youth in gaining
that understanding.
(3)
(a)
The state board and local school boards shall periodically review school curricula
and activities to ensure that effective instruction in American history and government
is taking place in the public schools.
(b)
The boards shall solicit public input as part of the review process.
(c)
Instruction in American history and government shall include a study of:
(i)
forms of government, such as a republic, a pure democracy, a monarchy, and an
oligarchy;
(ii)
political philosophies and economic systems, such as socialism, individualism,
and free market capitalism;
and
(iii)
the fundamental role of religion in United States history and the primacy of
religious liberty to American constitutional government; and
(iii)
(iv)
the United States' form of government, a compound constitutional republic.
(4)
School curricula and activities shall include a thorough study of historical documents
and principles such as:
(a)
the Declaration of Independence;
(b)
the United States Constitution;
(c)
the national motto;
(d)
the pledge of allegiance;
(e)
the national anthem;
(f)
the Mayflower Compact;
(g)
the writings, speeches, documents, and proclamations of the Founders and the
Presidents of the United States;
(h)
organic documents from the pre-Colonial, Colonial, Revolutionary, Federalist, and
post
-
Federalist eras;
(i)
United States Supreme Court decisions;
(j)
the Ten Commandments;
(k)
the Magna Carta;
(l)
Acts of the United States Congress, including the published text of the Congressional
Record; and
(m)
United States treaties.
(5)
To increase student understanding of, and familiarity with, American historical
documents, public schools may display historically important excerpts from, or copies
of, those documents in school classrooms and common areas as appropriate.
(6)
There shall be no content-based censorship of American history and heritage documents
referred to in this section due to their religious or cultural nature.
(7)
Public schools shall display "In God we trust," which is declared in 36 U.S.C. 302 to be
the national motto of the United States, in one or more prominent places within each
school building.
Section 5. Section
53H-3-605
is amended to read:
53H-3-605
. Granting of degrees, diplomas, or certifications -- Board approval --
Termination of previous approval.
(1)
(a)
An institution of higher education may not issue a degree, diploma, or certificate
outside of the institution of higher education's primary role, as described in Section
53H-3-602
, unless the institution of higher education receives approval from the
board of the adequacy of the study for which the degree, diploma, or certificate is
offered.
(b)
A student shall demonstrate a reasonable understanding of the
history, principles,
form of government, and economic system of the United States
following
before
receiving a bachelor's degree or teaching credential
.
:
(i)
the history, principles, form of government, and economic system of the United
States; and
(ii)
the fundamental role of religion in United States history and the primacy of
religious liberty to American constitutional government.
(2)
Degrees, diplomas, and certificates issued
prior to
before
the effective date of this
section do not require board approval.
(3)
The board may terminate the granting of previously approved degrees, diplomas, and
certificates if the degrees, diplomas, or certificates are inconsistent with the primary role
prescribed by the board for the affected institution of higher education.
Section 6.
Effective Date.
This bill takes effect on
July 4, 2026
.
3-10-26 2:46 PM