Open to Religion Act fails to find legislative support during 2026 session

• The bill would have allowed for opt-in participation in prayer or religious activities during the school day, while directing the Attorney General to defend school districts from potential lawsuits.

Legislation to protect school districts from legal action against allowing prayer in Mississippi schools failed to gain enough support to make it to the finish line during the 2026 legislative session. 

Bills were filed in both chambers carrying the “Open to Religion Act” language which would have directed the Attorney General’s Office to provide representation if a school district faced a lawsuit for allowing prayer on its campuses.

The Open to Religion Act was part of three bills at one point during the session – HB 1310, SB 2301 and SB 2514.

The Act would have allowed for opt-in participation in prayer or religious activities in classrooms, gymnasiums, within outdoor grounds or in other areas of the school not already occupied by students. Restrictions within the bill prevented those activities from being held during scheduled class instruction time or while other learning activities were ongoing during the normal school day. Any and all religious beliefs were said to have been allowed.

Concerns with the Act expressed by members, namely Democratic lawmakers, centered on if it would lead to students being introduced to religions other than those their parents supported as well as if the measure would violate federal law. 

The U.S. Department of Education recently updated its Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools to reflect that students, teachers, and other school officials have a right to pray in school as an expression of individual faith, as long as they are not doing so on behalf of the school. Further, public schools may not sponsor prayer nor coerce or pressure students to pray. 

“The Trump Administration is proud to stand with students, parents, and faculty who wish to exercise their First Amendment rights in schools across our great nation,” said U.S. Secretary of Education Linda McMahon in February. “Our Constitution safeguards the free exercise of religion as one of the guiding principles of our republic, and we will vigorously protect that right in America’s public schools.”

State Rep. Jansen Owen (R), who championed the measure in the House, told Magnolia Tribune he hopes the bill is considered more closely in the 2027 legislative session. 

“In a state like Mississippi, it was disheartening to see a school prayer bill die in the Senate Education Committee this session,” Owen said, referring to SB 2514 authored by State Senator Daniel Sparks (R). “The First Amendment does not stop at the schoolhouse door and I’ll continue to fight to ensure that our students are given the time they deserve to practice their faith — even when at school.”