2/4/08
On January 2, 2008, a federal court in Texas upheld a statute that mandated a moment of silence in all Texas public schools. The Texas statute requires that each school district observe one minute of silence during which students may "reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student." Tex. Educ. Code § 25.082(d). In a 35-page opinion, the federal court held that the law was constitutional because it provided "a period of time for the full panoply of thoughtful contemplation, which the Court finds to be a secular legislative purpose." In other words, the Court held the primary effect of the amendment was not to "advance or inhibit religion," nor did the law promote an "excessive entanglement" between government and religion. Croft v. Perry, 3:06-CV-434-M (N.D.Tex. 2008).
Although the Texas statute is similar in some respects to the Illinois Silent Reflection and Student Prayer Act, 105 ILCS 20/1, it is arguably less vague in its requirements. Accordingly, the
Croft decision is not a reliable predictor of the outcome of the current constitutional challenge to the Illinois Act.
Sherman, et al. v. Township High School District No. 214, et al., No. 07C6048 (N.D. Ill.). Based upon these continuing uncertainties, we believe the most conservative approach for Illinois school districts remains compliance with the General Assembly's duly enacted law. In this way, the school district may insulate itself from liability for deprivation of a statutorily "guaranteed" right, and avoid the position of litigating issues of constitutionality against the Attorney General of Illinois.
