A Moment of Silence
[Guest post by DRJ]
The Chicago Tribune reports the filing of a federal court case challenging a statute that requires a moment of silence in Illinois public schools. The statute became effective October 11 making Illinois one of 10 states that require a moment of silence, along with about a dozen more with laws that permit it.
Here’s an overview of the Illinois statute:
“Titled the Silent Reflection and Student Prayer Act, Illinois’ law makes obligatory what had been an optional moment of silence since 2002. Lawmakers overrode Gov. Rod Blagojevich’s veto to pass the measure, which states “the period shall not be conducted as a religious exercise.” Enacted Oct. 11, the law was effective immediately but carries no penalties for schools that do not comply.”
The plaintiffs are a high school freshman student and her father:
“A 14-year-old suburban girl and her dad, atheist activist Rob Sherman, filed a lawsuit in U.S. District Court Friday that challenges the constitutionality of a law requiring Illinois public schools to observe a moment of silence.
Sherman and his daughter Dawn, a freshman at Buffalo Grove High School, contend that the law providing for “silent prayer or for silent reflection on the anticipated activities of the day” runs afoul of the constitutional separation of church and state.
The Shermans are seeking an injunction that would prevent the observance of a moment of silence in Township High School District 214, which is scheduled to begin the practice Tuesday. They also hope to reverse the statute statewide, said Gregory Kulis, an attorney representing the father and daughter.”
Dawn Sherman’s intention is to prevent the moment of silence from interrupting her education, while her father is committed to preserving the separation between church and state:
“I just don’t want my education to be interrupted,” Dawn Sherman said.
Her father has challenged the use of a cross image on the seals of such municipalities as Rolling Meadows, Palatine and Zion. “The whole purpose for changing the law is to get more prayer in the public schools and everybody knows it,” Rob Sherman said. “Private business should be done on personal time, not time paid for by the taxpayers.”
The ACLU often assists plaintiffs in this type of lawsuit but the American Civil Liberties Union of Illinois has declined to participate because it believes the Illinois statute is not legally objectionable:
“[ACLU of Illinois] Spokesman Ed Yohnka declined to explain the reasoning beyond noting the statute’s dual focus on meditation or prayer. A moment of silence during the school day is not legally objectionable, Yohnka said. A moment of prayer is. The legal distinction, however thin, is significant.”
In the 1985 case of Wallace v Jaffree, the U.S. Supreme Court struck down an Alabama statute that authorized a daily moment of silence because the record showed the law was passed to permit prayer in the schools. However, in 2001, the Supreme Court refused to hear Brown v Gilmore, a Virginia case that challenged a similar statute so the Virginia moment of silence law was allowed to stand. Since then, several states have passed mandatory or permissive moment of silence statutes.
While this type of statute now seems constitutional, it didn’t stop these Illinois’ plaintiffs from challenging it nor did it discourage similar Texas plaintiffs in a lawsuit tried in August 2007. It appears the Texas trial court has not yet ruled in that case.
Moment of silence statutes remain hot-button political topics – enough to generate an article in Education Week that included this down-to-earth opinion of the Illinois statute:
“Benjamin S. Schwarm, an associate executive director of the Illinois Association of School Boards, said his group wasn’t troubled by the legislation, on which it did not take a position. He said the law appears to afford districts ample flexibility and is unlikely to be too disruptive.
“We’re just amazed by the attention this bill is getting [in the media],” he said. Mr. Schwarm pointed to other new state mandates that he argues pose far more problems, citing as examples legislation requiring defibrillators on all outdoor school playing fields and a measure requiring the use of environmentally-friendly cleaning products. “They’re telling us what cleaning supplies … to use in your bathroom in the school district,” he said.”
I wonder if there would have been a lawsuit if the statute had required a moment of silence for the environment?
— DRJ
Apparently now your rights are violated when no one says anything. It’s as close to a thought crime as I’ve ever seen.
Steverino (db5c07) — 10/27/2007 @ 2:34 pmI received a letter from the school district on Friday. It states:
Dear Parents,
As you have most likely heard from the extensive media coverage last week, the Illinois legislature has adopted a new law requiring classroom teachers observe a “brief period of silence” with their students at the opening of each school day. Previously, under existing Illinois law, these moments of silence were merely optional at the discretion of each teacher. The law became effective immediately and, in keeping with our mission of educating good citizens and in adhering to our legal obligations, our District will comply with the new mandate.
So you are aware, we will have teachers and students observe a brief period of silence as part of each school building’s daily announcement routines. Students will be instructed before the Pledge of Allegiance to take time to think quietly and reflect about upcoming activities of the school day. Teachers will not require or prohibit students from engaging in any specific activity during the silent period. Please be assured that this daily routine will not be conducted as any sort of religious exercise.
emphasis in original.
I will be letting my son know that he can pray if he wants or he can just imagine that he’s Optimus Prime if he wants to…
kimsch (2ce939) — 10/27/2007 @ 2:36 pmIt is nice of the filibusterin’ Senate Republicans to take the heat for Bush.
We’ll have to wait see how that works for them next November.
alphie (99bc18) — 10/27/2007 @ 2:39 pmBy the way, the reverse side of the letter is in Spanish.
kimsch (2ce939) — 10/27/2007 @ 2:40 pmYou posted on the wrong thread, Alphie, and maybe the wrong blog. No one’s talking about that here.
DRJ (5c60fb) — 10/27/2007 @ 2:42 pmThey’re bilingual in Illinois schools, Kimsch? I know there are many immigrants in Chicago so it shouldn’t surprise me, but it does.
DRJ (5c60fb) — 10/27/2007 @ 2:43 pmOoops,
My bad.
Looks like this bill just changes the word “may” to “shall.”
http://tinyurl.com/2t5r99
Amazing the difference one word can make.
alphie (99bc18) — 10/27/2007 @ 2:46 pmAbout 95% of the incoming 1st grade class in our school is Hispanic in my central Lake County (midway between Chicago and Milwaukee) town. Four 1st grade classes, two are bilingual. I couldn’t even talk to most of the other mothers at the kindergarten bus stop last year…
kimsch (2ce939) — 10/27/2007 @ 2:47 pm#7 alphie – yep that’s the entire change to the previous law. It just makes the moment of silence mandatory instead of optional. That’s the only change in it at all.
kimsch (2ce939) — 10/27/2007 @ 4:10 pmCause Bush has so much to do with how the Democrat-controled Illinois State Senate and House of Reps does their work.
Madigan is still, btw, my hero in Illinois politics.
Scott Jacobs (a1de9d) — 10/27/2007 @ 4:46 pmWell,
Imagine if the law forced students to face Mecca at the start of each day.
No kneeling, no prayer, just face in that direction.
Would that be okay, too?
alphie (99bc18) — 10/27/2007 @ 4:55 pmYeah, see, now I agree with Patterico…
No need to ban Alphie. He brings such lovely straw men to the party.
Scott Jacobs (a1de9d) — 10/27/2007 @ 5:03 pmNo need to ban Alphie. He brings such lovely straw men to the party.
I keep telling you guys: his writing is its own punishment.
Paul (66339f) — 10/27/2007 @ 5:06 pmI don’t have any problem with this law in principle (in fact, I think it’s a good way to start a class period), but I’ve heard of cases was such laws were abused. There are still totally flagrant cases of public schools where Christian prayer takes place and non-Christians are teaed or mocked (sometimes by adults).
Andrew J. Lazarus (3e9cb8) — 10/27/2007 @ 5:50 pmI wonder how long before someone notices that many cities have names that are pretty much linked to Christianity. San Francisco, Sacramento and Corpus Christi to name a few. Maybe they ought to be renamed city #121 and city #457 or something along that line.
huey (c8d568) — 10/27/2007 @ 6:13 pm“I wonder how long before someone notices that many cities have names that are pretty much linked to Christianity. San Francisco, Sacramento and Corpus Christi to name a few. Maybe they ought to be renamed city #121 and city #457 or something along that line.”
I don’t know how to respond to that. I could just tell you to shove it up your fucking ass. I’m Jewish y’know.
blah (74fc41) — 10/27/2007 @ 6:57 pmOr maybe I could just point out that most of those names are in Spanish
AJL…
Another Drew (8018ee) — 10/27/2007 @ 6:59 pmOh, forget it. It just isn’t worth the trouble.
“I dont know how to respond to that. I could just tell you to shove it up your fucking ass.”
Tone it down or find another blog.
Patterico (50f243) — 10/27/2007 @ 7:16 pmI am of the opinion that a minute of silence is the answer to the prayers of a lot of schoolteachers.
(I just broke a promise but it was only to myself so it doesn’t really count.)
nk (da3e6b) — 10/27/2007 @ 7:25 pmAttitudes like comment 15 tend to explain why some people go overboard on these issues. What makes me think when the start ridiculing the Jewish kids, huey will think it’s a big joke? So some people get worried about practices like silence that could be used as cover for coercion.
Andrew J. Lazarus (3e9cb8) — 10/27/2007 @ 7:42 pmSo you’re in favor of closing the Kahlil Gibran Public Madrassah in NYC, AJL?
SDN (863c41) — 10/27/2007 @ 8:03 pmGibran was from Maronite Christian ancestry, which would make him an odd choice for the name of a madrassah, public or otherwise. Oh, wait, it’s a school for Arab culture. Must be terrorist. Silly me.
Andrew J. Lazarus (3e9cb8) — 10/27/2007 @ 8:33 pmblah and JL – Some of the attitudes you reference stem from the ACLU backing lawsuits to remove crosses from the seals of cities with Spanish missionary heritage.
daleyrocks (906622) — 10/27/2007 @ 9:22 pmI used to live near this guy, Sherman, and have heard him speak before. He is off the deep end on separation of church and state. This isn’t the first time he has used his children to advance his cause, he did it with his son ~10 years ago. The ACLU doesn’t go near this guy anymore because he is so far gone.
In Zion, IL he basically went door to door looking for someone to support his lawsuit against the city because the seal referenced god. He won the lawsuit, so Zion changed their seal to read “In God We Trust.” This man wasted significant taxpayer time and money and still lost in the end. I love that Zion stuck it to him.
Anytime I hear Sherman’s name, I automatically dismiss it because it is certainly too petty for anyone to be concerned with.
Sean (5d1ad8) — 10/27/2007 @ 9:35 pmSean, you forgot to mention that Zion was founded as a Christian Utopia way back when… The cross on the seal was an integral part of the history of the city. Sherman filed suit because the city sticker for the car contained the city seal which contained a cross. He didn’t want to have to see a cross every time he was in his car.
kimsch (2ce939) — 10/28/2007 @ 6:45 amBut the law doesn’t do that. We might as well suppose the law forced students to stand on their heads, it’s an immaterial supposition.
Forcing students to be quiet in the classroom is a typical job of a teacher.
Steverino (db5c07) — 10/28/2007 @ 7:09 amIt was sarcasm folks. Sheesh. And, blah, you are right… you don’t know how to respond to that.
huey (c8d568) — 10/28/2007 @ 7:14 am> “I just don’t want my education to be interrupted,” Dawn Sherman said.
It’s not being interrupted. You’re learning how to SHUT UP.
Arthur (ff8b0c) — 10/28/2007 @ 10:21 amDont you get a little tired of these atheists idiots dictating to us all how to live our lives? why dont he and his dughter go and get a life
krazy kagu (614414) — 10/28/2007 @ 5:29 pmEven tho the new policy explicitly states that the moment of silence is not for prayer, even tho it IS for prayer what’s the gripe? If a teacher even suggested that everyone might pray during the moment of silence then the poor nut who launched the case would have a real complaint.
But he couldn’t wait huh?
This guy should be held up as a red flag for idealogues everywhere…..this is what you too could become…..
EdWood (46cc93) — 10/28/2007 @ 8:53 pmIt is very interesting to me that this student says she doesn’t want her education to be interrupted. There is a ten second moment of silence before five minutes of announcements about track meets, field trips, dances, and school musicals. I guess her “education” is enriched during those five minutes.
Substitute Teacher (9a0330) — 10/28/2007 @ 9:53 pmAnother note: most of the students, when I asked them, don’t even know what the moment of silence is for. I’m not sure what is more sad to me, the fact that they don’t even seem to think about saying a short prayer during the silence, or the idea that they are afraid to tell me they do.
I hope God blesses all of us during those ten seconds every morning no matter what we are doing. We all need it.