Constitutional Law

Federal Judge Strikes School Prayer Law As Unconstitutional

A federal judge has invalidated an Illinois public school prayer law as a violation of the First Amendment principle of the separation of church and state. Judge Robert W. Gettleman ruled in Sherman v. Township High School District 214, that the Illinois Silent Reflection and Student Prayer Act amounted to a state-sponsored attempt to organize prayer in the public schools. “The plain language of the Statute … suggests an intent to force the introduction of the concept of prayer into the schools,” Gettleman wrote. “This is where the Statute crosses the line and violates the Establishment Clause. Prayer is without doubt ‘a religious activity,’ and requiring its instruction in the public schools constitutes an unconstitutional endorsement of religion.” Gettleman’s decision is available here. The ACLU of Illinois lauded the decision, noting in a press statement that “the courts long have recognized, it is not the role of government (including public schools) to tell children when and how to pray.”

 

Full post as published by ACS Blog on January 23, 2009 (boomark / email).