Judge Voids Illinois Law on Silent Time in Schools

[curiosityandthecat]

From the New York Times, January 22, 2009

CHICAGO (AP) â€" 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.

BOOYAH. Score another point for people with brains.

[SSY]

Prayer 0, Atheism 1

[Kylyssa]

Hurrah for reason!  Hugs and sloppy wet kisses for the honorable judge Robert W. Gettleman.

[VanReal]

I'm interested in what the teacher instructions were with regard to the "limitations on reflections"....it was limited to what? Hmmmm.  Smart ruling.

[Whitney]

I honestly don't mind the moment of silence if it is simply called that and no further instruction on what to do with it is provided by the teachers.  But what the law was allowing to happen was certainly wrong....instructing kids on prayer?  I wonder how that law passed in the first place...why is it that are the loudest about loving their country and wanted God to bless it are also the first to ignore the Constitution when doing so helps thier cause?  You'd think cherry picking the Bible would keep them busy enough.