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Article: 20337

[Civil]

Date Posted: 1/22/2009 5:32:49 pm EST
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Ill. Moment-Of-Silence Law Ruled Unconstitutional

Author: The Associated Press Source: The First Amendment Center

Title: ILL. MOMENT-OF-SILENCE LAW RULED UNCONSTITUTIONAL
A federal judge has ruled that a 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," U.S. District Judge Robert W. Gettleman said in his ruling yesterday.
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.
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Community Thoughts: There are 8 comments posted | Reverse Sort |
| As A Former Sub. Teacher.... | Jan 23rd. at 12:40:34 pm EST
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Thorin (Newaygo, Michigan) - Email Me

As someone who has worked since 1993 as a Substitute Teacher here in MI, I can say I am pleased this was ruled Unconstitutional. There were many times when religion came up in the classroom.....how do you teach World History w/o talking about the role of the Chuch? Students are more then free to pray before a test, during lunch, at recess, or when they switch classes in the upper grades.
On the other hand, having a "Moment of Silence" during the swearing in of a new President, or when a classmate's parent died......that's a whole other matter......so long as they leave PRAYER out of it. Then, it's only a matter of respect, and those who want to pray can, while the others will learn that you take time out when something important or tragic happens. I remember when the CHALLENGER blew up.....and we took several minutes to give our respect.....and to take in what had happened. Again.....this is something totally different than a school dictating that a teacher must teach students how to pray.
JMO
Thorin
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| If It Was Just A Moment Of Silence... | Jan 23rd. at 7:36:54 am EST
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GreeneDragon (Palmdale, California) - Email Me

then I would have no problem with it. But the judge said; The "teacher is required to instruct her pupils, especially in the lower grades, about prayer and its meaning..."
Will one teacher instruct her students that prayers are like spells? (we say the opposite of course)
Will another teacher tell his kids that prayer is a way to talk to one or more of the gods and goddesses? one's ancestors?
And will an Aetheist teacher be "*required* to instruct her pupils ... about prayer and its meaning"?
Good for the judge!
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| IMHO | Jan 23rd. at 7:36:28 am EST
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stalkingwolf (Bullhead City, Arizona) - Email Me

This is the part of the Law that renders it unconstitutional.
"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,'"
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| ??? | Jan 23rd. at 4:38:11 am EST
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Lady Aryia, High Priestess of the Root (Vallejo, California) - Email Me

When I lived in Texas in 1990 and went to high school there, we had a moment of silence every morning. I really enjoyed it. I didn't pray, nor did I think it had to be about prayer. I think to declare it unconstitutional is strange. I thought that it was just time to have a mental check in to start the day.
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| I Think The Question Is... | Jan 23rd. at 4:19:56 am EST
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Moonlight Wolf (Bradford, England) - Email Me

...To what extent does a moment of silence constitute prayer?
On the one hand it does give students from various religious background a chance to pray to whoever it is they worship, without forcing students from atheist backgrounds to do the same. (It also begs the question of whether these kids will actually use their time for prayer and reflection or not.)
On the other hand some schools and teachers could use the moment of silence to push their own religious agendas and force their religious view on students who don't appear to be praying to the 'right' God. Similarly this does seem to point towards backgrounds of the kids, especially the younger ones.
At the same time what will having a moment's silence mean to a 7 year old or even a 14 year old.
It's fair enough to say that I'm still sat on the fence regarding this one.
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| Moment Of Silence = Prayer? | Jan 22nd. at 9:48:41 pm EST
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Joy (Prattville, Alabama) - Email Me

I try to take as many moments of silence as my four-month-old will let me in any given day! This doesn't mean I'm praying in the strict Christian sense of the word. I might be meditating, enjoying nature, or simply just "being." On Rememberance Day (Canada) , as long as I can keep it in my mind, I still observe the moment of silence. This isn't for Christian prayer; this is to reflect, with respect, on the sacrifices and losses that have occurred in all of this world's wars. Silence does not equal Christian prayer.
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| Yup. | Jan 22nd. at 7:29:35 pm EST
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Emrys (Chicago, Illinois) - Email Me

As a teacher in Ill, I'm glad this happened. I didn't like the idea of it when it first happened, and was uncomfortable it for the time it was actually "done" in my school. The moment of silence, however, quickly fell by the wayside in our building late last school year. This year it hasn't happened once and it looks like it won't have to happen again.
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| Considering... | Jan 22nd. at 7:08:42 pm EST
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bigcat (peoria, Illinois) - Email Me

that the "moment of silence" was meant to stand in for public prayer, I'm glad to see that law struck down. A "moment of silence" serves little purpose except in moments of extremes. If kids want to pray, they have more than ample time to do so without setting aside time for it in a school setting.
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