Rep. Daniel Itse [Rockingham 9] has introduced legislation to amend the NH Constitution as follows:

[Art.] 6. [Morality and Piety.]

As morality and piety, rightly grounded on [high principles] the fundamental principles of the constitution, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by establishment of schools for that purpose, therefore, the people of this state have a right to empower, and do herby fully empower the Legislature to authorize from time to time, the public schools in the political subdivisions for public education and charter schools and the several political subdivisions for public education, charter schools, parishes, bodies corporate, or religious societies shall at all times have the right of electing their own teachers, [and] of contracting with them for their support or maintenance, or both and establishing their own curricula.

The several political subdivisions for public education, charter schools, parishes, bodies corporate, or religious societies shall make adequate provision at their own expense for their schools, provided that the Legislature may suppliment that provision in the manner and degree that the Legislature finds most beneficial to the general good.

But no person shall ever be compelled to pay towards the support of the religious education [schools] of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuation to another shall ever be established.

Changes to the first paragraph restore the original language which authorizes the Legislature to authorize the cities and towns to establish public schools. This language was inadvertently removed in 1968.  It also restores the independent right of the cities and towns  "to establish their own curricula," underscoring the importance of local control.

The second paragraph admonishes the districts "to make adequate provision at their own expense" as was found in the original article. It also makes explicit the role of the Legislature in providing "supplimentary" funds to education when it is judged "beneficial to the general good."  This resolves the problem created by the Claremont decisions.

Paragraph three prohibits the use of tax money to support religious education, but leaves open the use of tax money for non-sectarian education programs within religious schools.

This is the third time this proposal has gone before the House.  This time the proposal has an additional paragraph and incremental change to the final paragraph.

2009 CACR 8

[Art.] 6. [Morality and Piety.] As morality and piety, rightly grounded on [high principles] the fundamental principles of the constitution, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by establishment of schools for that purpose, therefore, the people of this state have a right to empower, and do hereby fully empower the Legislature to authorize from time to time, the public schools in the political subdivisions for public education and charter schools and the several political subdivisions for public education, charter schools, parishes, bodies corporate, or religious societies shall at all times have the right of electing their own teachers, [and] of contracting with them for their support or maintenance, or both and establishing their own curricula.

But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established.

2008 CACR 29

[Art.] 6. [Morality and Piety.] As morality and piety, rightly grounded on [high principles] the fundamental principles of the constitution, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by establishment of schools for that purpose, therefore, the people of this state have a right to empower, and do hereby fully empower the Legislature to authorize from time to time, the public schools in the political subdivisions for public education and charter schools and the several political subdivisions for public education, charter schools, parishes, bodies corporate, or religious societies shall at all times have the right of electing their own teachers, [and] of contracting with them for their support or maintenance, or both and establishing their own curricula.

But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established.

Original 1784 [Art.] 6. [Morality and Piety.] Amended in 1968 as follows:

As morality and piety, rightly grounded on evangelical  high principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due subjection, and as the knowledge of these is most likely to be propagated through a society by the institution of the public worship of the Deity, and of public instruction in morality and religion, therefore, to promote those important purposes the people of this state have a right to empower, and do hereby fully empower the legislature to authorize from time to time the several towns, parishes, bodies corporate, or religious societies within this state to make adequate provision at their own expense for the support and maintenance of public protestant teachers of piety, religion, and morality;

Provided, notwithstanding, that therefore, the several towns, parishes,bodies corporate, bodies, corporate, or religious societies[,] shall[,] at all times have the EXCLUSIVE right of electing their own public teachers, and of contracting with them for their support and maintenance, or both. [Exclusive Right clause] And But no person of any one particular religious sect or denomination shall ever be compelled to pay towards the support of the teacher or teachers schools of another persuasion, sect, or denomination.

And every denomination of christians demeaning themselves quietly, and as good subjects of the State, person, denomination or sect shall be equally under the protection of the law[:]; [A]and no subordination of any one sect, or denomination or persuasion to another shall ever be established by law. [Free Toleration clause]

And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain and be in the same state as if this constitution had not been made.

June 2, 1784

Amended 1968 to remove obsolete sectarian references.

TO PROPOSED AMENDMENTS
TO THE CONSTITUTION OF
THE STATE OF NEW HAMPSHIRE

To Appear on a Special Ballot at Election
on November 5, 1968

 

QUESTION NO. 3

3. Are you in favor of amending Article 6 of Part I of the Constitution so as to strike out certain specific sectarian references and further amending said Article to read as follows:

"Art. 6th. As morality and piety, rightly grounded on high principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society, therefore, the several parishes, bodies, corporate, or religious societies shall at all times have the right of electing their own teachers, and of contracting with them for their support or maintenance or both. But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established. ever be established."?

NOW -- AT THE PRESENT TIME, Article 6 authorizes local public taxation for the support of "Protestant" clergymen only, and promises equal protection of the law solely to "every denomination of Christians". While these provisions may have had some reason in 1783 when adopted, they are now obsolete and dead provisions, also liable to be offensive to good citizens of Catholic and Jewish faiths, as well as to all disciples of freedom of conscience. These provisions are obviously contrary to the Fourteenth Amendment of the U.S. Constitution.

IF THE AMENDMENT IS ADOPTED, by enough Yes votes on Questions No. 3, the above-described sectarian references will be stricken from the state constitution, putting all religious denominations on a basis of equality and removing the present conflict with the U.S. Constitution. It should be emphasized that this amendment does not introduce any new substantive restrictions on the relation between Church and State; the second sentence merely paraphrases a provision which has been contained in Article 83, Part II of the state constitution since 1877, but adds nothing to it. An amendment similar to this one has several times received a popular majority but failed to get the necessary 2/3 vote. The Convention believes that now is the time to give final approval to what the 20th Century has made obvious.

The Special Committee ordered by the 15th Constitutional Convention to prepare and distribute this pamphlet consists of:
Richard F. Upton, Concord, President of the Convention