"The statute is a subtle effort to force students at impressionable ages to contemplate religion," U.S. District Judge Robert W. Gettleman said in his ruling Wednesday.
-- From "Illinois moment of silence ruled unconstitutional" by Mike Robinson, The Associated Press 1/22/09
The ruling came in a lawsuit designed to bar schools from enforcing the Illinois Silent Reflection and Student Prayer Act. It was filed by talk show host Rob Sherman, an outspoken atheist, and his daughter, Dawn, a high school student.
Gettleman's ruling was not a surprise. He had already ruled in favor of Sherman in two previous decisions.
As passed by the [Democrat-controlled] 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 doesn't force religion on anyone.
But Gettleman backed critics such as the American Civil Liberties Union, who say the law is a thinly disguised effort to bring religion into the schools.
State Sen. Kimberly Lightford, D-Chicago, the chief sponsor of the legislation, said she hoped Illinois Attorney General Lisa Madigan would appeal.
Last year, a federal court threw out a challenge to a 2003 Texas law that allows children to "reflect, pray, meditate or engage in any other silent activities" for one minute at the beginning of each school day.
U.S. District Judge Barbara Lynn upheld the constitutionality of that law, concluding that "the primary effect of the statute is to institute a moment of silence, not to advance or inhibit religion."
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