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Religion & Law

: Religion Clause

Court Permanently Enjoins Illinois Moment of Silence Law

By Howard M. Friedman

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In Sherman v. Township High School District 214, (ND IL, Jan. 21, 2009), an Illinois federal district court enjoined enforcement of the Illinois statute that provides each school day must begin with a brief period of silence for prayer or reflection. The court concluded that the statute violates the Establishment Clause, saying:

The plain language of the Statute ... suggests an intent to force the introduction of the concept of prayer into the schools.... Even if the court were to conclude that the plain language of the Statute does not demonstrate a sham secular purpose, the legislative history does.... [Also] by mandating a ?period? of silence in which each student is given the opportunity to pray or "reflect," the state has denied the opportunity of students whose prayer is not "silent" from exercising their right to pray during this period.

The Southern Illinoisan and the Chicago Tribune yesterday reported on the decision which makes permanent a temporary injunction against enforcement of the statute issued last May. (See prior posting.)

Full post as published by Religion Clause on January 22, 2009 (boomark / email).