Judge won't block moment of silence

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Judge won't block 'moment of silence'

By Jeff Coen, The Chicago Tribune, October 29, 2007

A federal judge on Monday declined to block a suburban school district from having a moment of silence as newly mandated by Illinois law but indicated a willingness to weigh the merits of the Silent Reflection and Student Prayer Act.

U.S. District Judge Robert Gettleman said he has "some serious questions" about the statute that requires schools to pause at the start of classes each day.

"Let there be no mistake about that," said the judge, expressing concern with the act's title and possible abuses.

In a lawsuit filed last week, atheist activist Rob Sherman sought a temporary restraining order to block the moment of silence in Township High School District 214 and specifically at Buffalo Grove High School. Sherman's daughter, Dawn, attends the school.

Critics have called the Illinois statute unconstitutional and a fairly blatant attempt to bring organized prayer to the public classroom. Sponsors of the measure have said the moment can be used for any reflection, including prayer.

Legislators earlier this month overrode a veto by Gov. Rod Blagojevich, and schools around the state have begun stopping for the moment of silence. \

At Monday's hearing, Gregory Kulis, Sherman's attorney, argued the statute is a clear attempt to inject and endorse religion in public schools.

"It is unconstitutional because there is no secular purpose at all," said Kulis, noting the name of the legislation. There should be no doubt about the law's intent, he said.

"In this case, the statute says the first option is to pray," Kulis said.

While indicating he understood the concerns, Gettleman said a promise by District 214 that its moment of silence would be non-religious reduced the need for an emergency order from the bench.

"I think that the balancing of harm does not favor the plaintiff at this moment," the judge said.

Brian McCarthy, lawyer for District 214, said the moment of silence at Buffalo Grove High School would come as part of the morning announcements and last about 15 seconds. It would be done for the first time on Tuesday, he said.

"Right before the Pledge of Allegiance," McCarthy told the judge. "We will now have a brief period of silence," he said students would be told.

Gettleman said he would entertain a wider lawsuit challenging the statute but said it was unclear who the defendants in that case would be.

The judge said individuals named in Sherman's lawsuit should be dismissed, including District 214 board members and Dawn Sherman's homeroom teacher. But the Illinois State Board of Education and the governor's office might be appropriate defendants, Gettleman said.

Kulis said he would amend the suit.

Gettleman said he wants to know whether the moment of silence is being implemented in schools across the state and how long the moment takes. Thomas Ioppolo, an Illinois assistant attorney general whose office could represent the state Board of Education if it is added as a defendant, told the judge that neutral moments of silence have been upheld in other states.

The statute also spells out that the moment of silence "shall not be conducted as a religious exercise," Ioppolo said.

After the hearing, Sherman said some sponsors of the legislation double as religious leaders, including Sen. James Meeks (D-Chicago).

"They sponsored it because they wanted more prayer in schools," he said. "They want prayer in the public schools, and we're going to stop them."

More than 12,000 students attend District 214 schools in Arlington Heights, Buffalo Grove, Elk Grove, Mt. Prospect, Prospect Heights, Rolling Meadows, Wheeling and Des Plaines. "We are pleased that the judge dismissed the individuals named in this lawsuit, particularly the classroom teacher," said Venetia Miles, director of community relations for the district. "We will continue to monitor the developments of this case and respond to the amended suit once it has been filed. In the meantime, we will comply with state law and implement the period of silence tomorrow."

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