Here the link to the story from stltoday.com (byline has this as a Chicago Tribune story)
Now, a few comments on things that caught my eye...
U.S. District Judge Robert Gettleman made the decision Wednesday afternoon in a hearing on a lawsuit brought by local activist Rob Sherman, who has sued over issues related to the separation of church and state. Sherman filed suit against Township High School District 214, where his daughter is a freshman at Buffalo Grove High School....(emphasis mine)
Gettleman said the Silent Reflection and Student Prayer Act isn't specific enough about what is a "moment" and when it should take place. It also may cross the line into unconstitutionality by giving students a choice to pray in its language.
The statute states that students shall be given an opportunity for silent prayer or reflection on the anticipated activities of the day.
That is so vague, a teacher might simply be compelled to read the statute when the moment of silence is to begin, the judge said. That would in essence tell a child "you've got to think about praying" the judge said, and that likely violates the establishment clause.
Gettleman said he also was concerned about whether a child could or would do something physical in an act of prayer, such as take out a Bible or a Muslim prayer book.
There are only two choices given by the statute, he said. "One is an endorsement of prayer," he said. "If that's the way it's being interpreted, then I think we have a problem."
- Ohmigod, ohmigod, OHMIGOD --- What is this world coming to!!!! Ok, I could see teachers in public school not leading students in prayer, as that could be construed as an endorsement or establishment of religion. But now, we can't even dare afford students the choice to pray?!?!?!?!? I can see it now, monitors and proctors, prowling the cafeteria, waiting, lurking, searching for Johnny or Jane at the 2nd grade table dare to defy authority by bowing their heads in a little silent table prayer they always say at evening meals! C'mon........ I try teaching my munchkins the difference between good choices, and not so good choices. The key word here is choice. My little "mini-me-s" learn (hopefully) that their actions are based on their choices, and that those choices have consequences. What am I supposed to do now, eliminate their power to learn from the choices?
- Please keep in mind -- the First Amendment (for those of us who have forgotten the nuances...) reads...
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Wouldn't it follow logically that either (a) promoting a time to pray, or (b) PROHIBITING students the CHOICE to pray would both be a violation? - Last thing -- if the biggest thing worrying the poor lit'l hairs on Sherman's and Gettleman's head is a student pulling a Bible, Koran, or prayer book out of their desk, boy, can I join them in that little bit of Erehwon! This is a dangerous slippery slope -- as it doesn't take too much of a leap in my mind for small golden crosses or Stars of David on necklaces, a cool Sunday School handout that a student brings for a friend, or pencils with little Christian fish on them? What about dreidles brought into class for "show-and-tell?" Just like I find it impossible to completely and totally insulate and isolate my children from all the cultural influences and forces surrounding us (uhhh...Britney Spears, Paris Hilton, most of MTV...) if Sherman/Gettleman believe that they can kill the "dragon" of Christian/Islamic/Jewish symbols throughout the American culture, I urge them to follow their mentor, Don Quixote on that quest. Just don't take the bench and gavel with you.
