A look at some of the most notable votes on religion in public schools over the past 100 years

By

Ballotpedia staff

Welcome to the Wednesday, Nov. 20, 2024, Brew. 

By: Ethan Sorell

Here’s what’s in store for you as you start your day:

  1. Voters have addressed ballot measures on religion in public schools at least nine times in the past 100 years
  2. An overview of betting markets and how they behaved during the presidential race 
  3. A look at mandatory judicial retirement ages across the country

Voters have addressed ballot measures on religion in public schools at least nine times during the past 100 years

As a part of Ballotpedia’s coverage of ballot measures, we analyze historical trends across a myriad of issues, including abortion, citizenship, electoral systems, criminal justice, wages, and drug policy. Today, let’s turn our attention to ballot measures regarding religion and religious rights in public schools. 

Voters have decided on at least nine ballot measures related to religion in public schools over the past 100 years. The period of highest activity was between 1970 and 1972 when voters decided on four such measures. Topics included the Ten Commandments, the Bible, prayer and contemplation, religious clothing, excused absences for religious instruction, and students’ religious rights. The most common topic was school prayer, with five measures addressing prayer.

Let’s take a look at nine of the most notable votes on religion in public schools. Voters approved eight measures that expanded religion in public schools and limited religion once.

  • In 1926, California voters rejected Proposition 17, which would have allowed public schools to purchase and use Bibles, provided that no student was forced to read it against their parents’ or guardians’ preferences. Voters rejected the measure 56.6%-43.4%
  • In 1948, North Dakota voters approved Initiated Measure 1, which prohibited public school teachers from wearing clothing or garb that indicated their affiliation with a religious order, sect, or denomination while performing their duties at school, and enacted penalties for violating this rule. Voters approved the measure 52.9%-47.1%. 
  • In 1970, Maryland voters approved Maryland Question 9, which said, “nothing shall prohibit or require the making reference to belief in, reliance upon, or invoking the aid of God or a Supreme Being” in public institutions and places, including schools. Voters approved the measure 72.8%-27.2%.
  • In 1972, Florida voters approved the Florida School Prayer Straw Ballot Measure, which asked voters whether they approved a non-binding question that said, “Do you favor an amendment to the U.S. Constitution to allow prayer in the public schools?” Voters approved the measure 79.4%-20.6%. 
  • In 1972, Massachusetts voters approved Massachusetts Question 9, a non-binding question that said, “Shall the voluntary recitation of prayer be authorized in the public schools of the Commonwealth?” Voters approved the measure 82.1%-17.8%. 
  • In 1972, voters approved Wisconsin Question 2, a constitutional amendment authorizing laws allowing public schools to release students during school hours to receive religious instruction elsewhere. Voters approved the measure 50.4%-49.6%. 
  • In 1984, West Virginia voters approved West Virginia Amendment 3, a constitutional amendment requiring public schools to set aside a period at the start of each school day for students who wish to engage in personal and private contemplation, meditation, or prayer. Voters approved the measure 77.8%-22.2%.
  • In 2012, Missouri voters approved Missouri Amendment 2, a constitutional amendment allowing public school students to express their religious beliefs in written and oral assignments “free from discrimination based on the religious content of their work.” It provided that public school students cannot be “compelled to perform or participate in academic assignments or educational presentations that violate his or her religious beliefs,” and that public school students have a “right to free exercise of religious expression without interference.” The measure requires public schools to display the text of the U.S. Constitution’s Bill of Rights, among other provisions. Voters approved the measure 82.8%-17.2%. 

The most recent vote was in Alabama in 2018, when voters approved Alabama Amendment 1, a constitutional amendment allowing the Ten Commandments to be displayed on public property, including public schools. The amendment also said, “No public funds may be expended in defense of the constitutionality of this amendment.” Voters approved the amendment 71.7%-28.3%. 

Former Alabama Sen. Gerald Dial (R) sponsored the amendment in the Legislature. He spoke about a similar bill in Louisiana, Louisiana House Bill 71, which required the Ten Commandments to be displayed in classrooms beginning on Jan. 1, 2025. U.S. District Judge John W. deGravelles ruled Louisiana HB 71 unconstitutional on Nov. 12, 2024. Dial said, “We tried to go down that road to a degree. But then we were warned by all the legal scholars that it would be unconstitutional and it would just cost the state a lot of money to go all the way to the Supreme Court. And what I was doing was the most practical and easiest way and it would leave it up to the school boards and city managers and governmental officials to decide whether they wanted to put it up or not.” In June 2024, Kayla Moore, president of the Foundation for Moral Law, said Alabama Amendment 1 had not been challenged in the courts.

The map below shows where voters have decided on ballot measures related to religion in public schools.

To learn more about ballot measures related to religion and religious rights in public schools, click on the link below. 

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An overview of betting markets and how they behaved during the presidential race 

Throughout the 2024 election cycle, betting markets, also called prediction markets, offered predictions into who would win the 2024 Presidential election. 

  • Prediction markets allow users to purchase shares relating to the outcome of events. Each event, such as an election, has a number of contracts associated with it, each correlating to a different outcome. For instance, an election contested between four candidates would be represented by eight separate contracts, with each contract linked to a particular candidate winning or losing the election.
  • The share price in each individual contract rises and falls based on market demand. Once the event’s outcome is decided, shareholders that match with the correct outcome receive a payout for each share they hold.

Share prices fluctuated in response to events during the election. For example, when Joe Biden (D) withdrew from the election and Kamala Harris (D) became the presumptive nominee, Biden’s shares fell as Harris’ rose. Donald Trump’s (R) share value fluctuated in response to events such as the assassination attempt. The following chart shows how PredictIt share prices changed during the election:

  • Biden’s shares reached their highest value in April 2024, at 54 cents per share. His share value fell to one cent in July 2024 after he withdrew from the election. 
  • Harris’ shares reached their highest value in August 2024, around the time of the Democratic National Convention. At the time, Harris’ share value was 59 cents per share. She reached her lowest value in October 2024, at 47 cents per share. 
  • Donald Trump’s shares peaked at 67 cents per share in July 2024, around the time of the Republican National Convention and the assassination attempt. His shares were at their minimum point in December 2022, at 14 cents per share.

The day before the election, Harris’ shares were valued at 54 cents, while Trump’s were at 53 cents. 

In addition to PredicIt, Real Clear Politics aggregated various betting markets to predict who would win the presidency. Their final prediction on the morning of the election gave Donald Trump a 60% chance of winning and Kamala Harris a 38.6% chance of winning. Like PredictIt, Real Clear Politics data showed that Trump’s, Harris’, and Biden’s share prices fluctuated in response to events, and there was an overlap between when each candidate reached their peak share value and when their shares reached their lowest value.

Click on the link below to learn more about prediction markets during the 2024 presidential election.

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A look at mandatory judicial retirement ages across the country

On Nov. 5, New Hampshire voters rejected a constitutional amendment that would have raised the mandatory retirement age for judges from 70 to 75. The measure failed with 65.6% of voters voting yes—the amendment required a 66% majority to pass. The existing mandatory retirement age was written into the state constitution in 1792. But how does New Hampshire compare to other states in terms of mandatory retirement ages?

Thirty-one states and the District of Columbia have mandatory retirement ages, ranging from 70 to 90 years old. Two other states—Arkansas and North Dakota—do not have strict retirement ages, but do not provide retirement benefits if judges retire past a certain age. We consider these mandatory retirement ages in practice.

The most common mandatory retirement age is 70, which is used in 18 states, including Arkansas. Fourteen other states (including North Dakota) have a retirement age between 71 and 75. The only state with an older retirement age is Vermont, at 90.

Three other states have changed mandatory retirement rules since 2000:

  1. Pennsylvania voters approved a 2016 amendment raising the retirement age from 70 to 75.
  2. Texas voters approved a 2007 amendment allowing judges to serve the remainder of their term even after reaching the retirement age of 75.
  3. Vermont voters approved a 2002 amendment allowing the Legislature to set a retirement age “no less than 70.” The Legislature chose 90.

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