Judge Voids Illinois Law on Silent Time in Schools

School prayer cartoon

At first sight I was a bit perplexed to see that a state law in Illinois requiring a moment of silence in public schools had been nullified by a judge’s ruling. After all, children are so bombarded with stimuli these days that some silence seems just what they need.

But continuing to read the article it turns out that the law is another poorly-disguised attempt to get prayer into schools. According to the judge, the “teacher is required to instruct her pupils, especially in the lower grades, about prayer and its meaning as well as the limitations on their ‘reflection’.”

A state senator commented, “I strongly feel and I still believe that children should have a moment of silence at the beginning of the school day.” The answer then is easy — remove the language requiring teachers to give instruction in prayer, and ensure that teachers are in fact specifically prohibited from touting the moment of silence as an opportunity to pray. Anything short of that is a back-door attempt to smuggle religion into the public school system.

A federal judge ruled Wednesday that the state law requiring a moment of silence in public schools across Illinois is unconstitutional, saying it crosses the line separating church and state.

“The statute is a subtle effort to force students at impressionable ages to contemplate religion,” the judge, Robert W. Gettleman, said in his ruling.

The ruling came in a lawsuit designed to bar schools from enforcing the law, the Illinois Silent Reflection and Student Prayer Act. It was filed by a talk show host, Rob Sherman, an outspoken atheist, and his daughter, Dawn, a student at Buffalo Grove High School in suburban Chicago.

Judge Gettleman’s ruling was not a surprise. He had already ruled in favor of Mr. Sherman in two previous decisions.

As passed by the Illinois General Assembly, the law allows students to reflect on the day’s activities rather than pray if that is their choice, and defenders have said it therefore does not force religion on anyone.

But Judge Gettleman upheld critics like the American Civil Liberties Union, who say the law is a thinly disguised effort to bring religion into the schools.

The “teacher is required to instruct her pupils, especially in the lower grades, about prayer and its meaning as well as the limitations on their ‘reflection,’ ” Judge Gettleman ruled.

“The plain language of the statute, therefore, suggests an intent to force the introduction of the concept of prayer into the schools,” he ruled.

It remained unclear if Judge Gettleman’s decision would end the dispute or merely signal a fresh battle in a federal appeals court.

State Senator Kimberly Lightford, a Chicago Democrat and the chief sponsor of the legislation, said she hoped the Illinois attorney general, Lisa Madigan, would appeal.

“I strongly feel and I still believe that children should have a moment of silence at the beginning of the school day,” Ms. Lightford said in an interview.

A spokeswoman for Ms. Madigan said the attorney general was reviewing the decision and would have no immediate comment.

Judge Voids Illinois Law on Silent Time in Schools


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Published: Jan 22 2009

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