HAGÅTÑA (The Guam Daily Post) — The Freedom From Religion Foundation condemned the 37th Guam Legislature’s move to override Gov. Lou Leon Guerrero’s veto of Bill 62-37 and has expressed interest in pursuing legal action.
“The override by the Legislature is a disgraceful dereliction of its duty to protect the constitutional principle of separation between state and church and preserve freedom of conscience,” Annie Laurie Gaylor, foundation co-president, stated in a news release.
With the override, private schools, including religious institutions, can apply for charter school status and be government funded, which the foundation, like the governor, argued is a violation of the Constitution.
The nonprofit aims to protect the constitutional principle of separation between state and church.
“The governor was correct in noting that Bill 62-37 violates the U.S. Constitution and the Guam Bill of Rights, exposing the government of Guam to potential legal action. Guam cannot constitutionally establish a religious public school system – and taxpayers cannot be forced to pay for religious schools,” the release stated.
The governor, in her decision to veto Bill 62, said that “as state actors or governmental entities, Guam’s charter schools must respect the Constitution and the Organic Act of Guam, which clearly prohibit public schools from discriminating based on religion, or promoting or coercing students to engage in religious activities.”
Following the governor’s veto of the bill, Attorney General Doug Moylan opined that Bill 62 isn’t a violation of the First Amendment. The foundation contends otherwise.
“Moylan misconstrued the facts and relevant case law to reach the erroneous conclusion,” the release stated.
The foundation said it’s challenging a similar push in the states.
“There is an obvious reason why there has only been one attempt to create a religious charter school in the entire country, and litigation regarding that school is already underway from (the foundation) and other legal groups. The absence of religious charter schools is because charter schools are state actors, and the government cannot fund religious education,” the release stated.
The Guam Daily Post reached out to Barnett for comment, a response wasn’t available as of press time Saturday.
Sen. Chris Barnett speaks during session July 24, 2023, at the Guam Congress Building in Hagåtña.
