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TMCNet: Federal judge overturns Illinois 'moment of silence' law for schools

[January 21, 2009]

Federal judge overturns Illinois 'moment of silence' law for schools

Jan 21, 2009 (Chicago Tribune - McClatchy-Tribune News Service via COMTEX) --
A federal judge Wednesday overturned a state law requiring students to observe a moment of silence at the start of each day, ruling it amounted to an unconstitutional endorsement of religion aimed at introducing prayer in public schools.

The decision by U.S. District Judge Robert Gettleman makes permanent a ban he put in place in May after a legal challenge by Dawn Sherman, a student at Buffalo Grove High School, and her atheist activist father, Rob Sherman.

"This has just brought closure for everyone, for all the districts in the state of Illinois," said Venetia Miles, spokeswoman for Township High School District 214, based in Arlington Heights.

From the outset, schools struggled with the practicalities of the law, which stated that the time should be used as "an opportunity for silent prayer or reflection on the anticipated activities."

Districts were left to interpret how long a moment was and when to pause during a morning routine of announcements and the Pledge of Allegiance.

Gettleman also said the law discriminated against religions that do not pray silently.
Atty. Gen. Lisa Madigan's office, which defended the law, is reviewing an appeal.

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Chicago Tribune reporter Ashley Rueff contributed to this report.
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(c) 2009, Chicago Tribune.
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