A federal appeals court has upheld an Illinois law that allows public school students to engage in voluntary prayer and reflection as part of a moment of silence during the school day.
The decision by the Seventh U.S. Circuit Court of Appeals reverses a federal district judge’s decision last year to strike down the law as unconstitutional in an atheist’s 2007 lawsuit against the Township High School District. But the court said the Silent Reflection and Student Prayer Act neither advances nor inhibits religion and only mandates a period of silence — and presents no state entanglement with religion.
“The plaintiff claimed that simply because another student would be able to pray silently, that somehow created a constitutional crisis and injured them in some way — which we are certainly at a loss to figure out,” says David Cortman with the Alliance Defense Fund.
The attorney explains the ruling by the Seventh Circuit. “They basically said it’s entirely constitutional for a school district to have a moment of silence and to allow students to have any thought — including one that may be religious including having a prayer.”
The suit was filed by outspoken atheist and talk-show host Rob Sherman and his daughter, who is a public school student in suburban Chicago. Sherman reportedly has said he plans to appeal the decision. Cortman’s response?
“This is one of those professional plaintiffs who tries to challenge anything that has anything to do with religion,” says the ADF attorney. “So I wouldn’t be surprised if the case continued — but I think the smartest move would be to let it stand as it is.”
(Source: OneNewsnow)