HARRISBURG, Pa. — It was 1949 when section 1112 of Pennsylvania’s Public School Code passed into law, prohibiting Pennsylvania public school teachers from wearing religious garb, insignias, and pendulums inside classrooms.
Sherri Smith, the executive director of the Pennsylvania Association of School Administrators, described the law as unfair.
“Our students are allowed to wear religious garb or whatever is their First Amendment right. So, it only makes sense that staff can do that too,” Smith said.
Teachers who violated the law faced suspension and other disciplinary actions, like being fired.
But in the 2003 case of Nichol versus Arin Intermediate Unit 28, the United States District Court of the Western District of Pa. found the law violated a person’s free exercise of religion under the First Amendment.
“I do think it brings attention to it and provides, I think, greater liberty of some of our new teachers, or even our existing teachers that weren’t aware of that court case that allowed them to do that and to feel more freedom to do that,” Smith said.
In November 2023, the law was officially repealed by the passing of Senate Bill 84, originally written by members of Pennsylvania’s Jewish Coalition and the PA Catholic Conference.
“Both organizations for the benefit of the whole community, other religious groups, other religious minorities, very conscious of the fact that individuals should be able to express themselves by wearing a pendant or a symbol or a piece of clothing,” said David Cohen, the president and CEO of the Jewish Federation of Greater Harrisburg.
He hopes the repeal fosters more religious inclusivity in classrooms.
“That was the point of this whole legislation to have people able to express themselves and display what this country is all about,” Cohen said.
“I’m very hopeful that this bill allows students to feel comfortable no matter what their religious background is and such,” Smith added.
The Pennsylvania State Education Association reacted to the repeal as follows:
“PSEA supports the repeal of the religious garb law. There was a time when people may have had concerns that a public school teacher wearing a religious emblem could create an impression in a student’s mind that the state was endorsing a particular religion. Today we better understand that a teacher wearing a necklace or bracelet with a religious expression is not making any statements on behalf of the school or the state.”