Judge bans moment of silence in suburban (IL) district

Judge bans moment of silence in suburban district

By Jeff Coen | Tribune staff reporter
6:15 PM CST, November 14, 2007

A federal judge today issued a preliminary injunction barring a suburban school district from implementing the state's new law mandating a moment of silence at the start of classes, calling the statute too vague and "likely unconstitutional."

U.S. District Judge Robert Gettleman made the decision at a hearing on a lawsuit brought by local atheist activist Rob Sherman over issues related to the separation of church and state. Sherman sued Township High School District 214, in which his daughter is a freshman at Buffalo Grove High School.

Gettleman asked the parties in the case to return to the Dirksen U.S. Courthouse Thursday when he could consider making the injunction statewide. The Illinois attorney general's office is considering stepping into the litigation.

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, the judge said.

more... http://www.chicagotribune.com/news/local/chi-silence_webnov15,0,7641446.story?coll=chi_tab01_layout