Chicago, USA - The state's new law mandating a moment of silence at the start of the school day may be derailed after a federal judge on Wednesday blocked its imposition in one suburban district.
U.S. District Judge Robert Gettleman issued a preliminary injunction barring the moment of silence in Arlington Heights-based Township High School District 214, calling it too vague and "likely unconstitutional."
The judge made the decision after a hearing on a lawsuit brought by local atheist activist Rob Sherman over issues of separation of church and state. Sherman sued to block the moment of silence at Buffalo Grove High School, where his daughter is a freshman.
The injunction applies only to District 214, but Gettleman has asked the parties to return to the Dirksen U.S. Courthouse in Chicago on Thursday when the ban could be broadened.
The northwest suburban district implemented the moment of silence two weeks ago, but district officials canceled the observation effective Thursday following the judge's ruling.
School officials are likely to explain the change to students and teachers, district spokeswoman Venetia Miles said.
"We'll do what we are told to do," Miles said. "We have not taken a position on the constitutionality of this law. ... From the beginning, we have stated we will comply with the law until told otherwise."
Gettleman said the Silent Reflection and Student Prayer Act isn't specific enough about what constitutes a "moment" and when it should take place. It also may cross the line into unconstitutionality in its language giving students a choice to pray, he said.
The statute states that students shall be given an opportunity for silent prayer or reflection on the anticipated activities of the day.
It's so vague, a teacher might simply be compelled to read the statute when the moment of silence is to begin, the judge said. And that would in essence tell a child "you've got to think about praying," he said, likely violating the Establishment Clause of the 1st Amendment, which prohibits the government from advancing religion.
One of two choices given by the statute "is an endorsement of prayer," Gettleman said. "If that's the way it's being interpreted, then I think we have a problem."
Gettleman said he also was concerned whether a child might take advantage of the moment of silence by reading from a Bible or a Muslim prayer book.
Gettleman made his ruling after hearing brief arguments from Sherman's attorney, Gregory Kulis, who called the law "nothing but injecting religion into our public schools."
"This case is about balancing the rights of children who want to pray with the rights of children who do not want to pray," Sherman said after court.
The Illinois attorney general's office has not entered the case as a party to defend the legislature but could by Thursday. Assistant Atty. Gen. Thomas Ioppolo appeared on the case to give the judge an adversarial view and said neutral moments of silent reflection have been upheld around the country.
The law took effect Oct. 11 after legislators this fall overrode a veto by Gov. Rod Blagojevich, but it carries no penalties for schools that do not comply.
Many schools around the state implemented the moment of silence immediately, while others agonized with attorneys and school board members over what constitutes a moment and when to observe the pause. Some decided 3 seconds was enough, while others called for it to last as long as 20 seconds.
At least one district, Evanston-Skokie School District 65, opted to ignore the legislation. After a discussion last week, five of the board's seven members agreed not to force teachers in the district's 16 elementary and middle schools to observe the law.
"This is really being encouraged by people who are trying to bring prayer into school," said board member Mary Rite Luecke.