Federal Court Upholds Moment of Silence in Texas Schools

AUSTIN (AP) - Texas school children will continue to observe a

daily minute of silence to pray or meditate after a federal court

threw out a challenge to the state law as unconstitutional.

The ruling issued Thursday stems from a complaint by a North

Texas couple who say one of their children was told by an

elementary school teacher to keep quiet because the minute is a

"time for prayer."

The complaint, filed in 2006 by David and Shannon Croft, names

Gov. Rick Perry and the Carrollton-Farmers Branch Independent

School District, which the Crofts' three children attend in the

suburbs of Dallas.

"Whether schoolchildren use their morning moment of silence to

pray or to prepare for a pop quiz, tolerance and personal freedom

are lessons that should be taught and exercised regardless of our

environment," Perry said. "Justice was served in this ruling and

I am proud that Texas' children will continue to be able to have a

moment dedicated daily to their innermost thoughts and

contemplations."

Neither the Crofts nor their attorney, Dean Cook, returned calls

from The Associated Press seeking comment.

The 2003 law allows children to "reflect, pray, meditate or

engage in any other silent activities" for one minute after the

American and Texas pledges at the beginning of each school day.

The law permits children to use the minute as they wish.

District Judge Barbara Lynn upheld the constitutionality of the

law, concluding that "the primary effect of the statute is to

institute a moment of silence, not to advance or inhibit

religion."

Lisa Graybill, legal director for the Texas ACLU, said even

though Lynn found the language of the law neutral on religion, "we

know that that intent (to put prayer back in school) is manifest in

school districts across the state. We receive those kinds of

complaints on a constant basis."

"Judge Lynn clearly carefully examined the legislative

history," Graybill said. "We disagree with the outcome, but the

judge herself said it's a difficult and close question."

(Copyright 2008 by The Associated Press. All Rights Reserved.)

NEWS RELEASE FROM TEXAS ATTORNEY GENERAL:

DALLAS - Texas Attorney General Greg Abbott prevailed yesterday in federal court, where a North Texas couple had tried to prevent schoolchildren from beginning each school day with a minute of silence to “reflect, pray, [or] meditate” in the classroom. A federal district judge rejected their challenge and upheld the constitutionality of the Texas moment of silence law. Solicitor General Ted Cruz argued on the state’s behalf.

“The court’s ruling ensures that Texas schoolchildren are free to begin each day by voluntarily reflecting, meditating, or praying before school each morning,” Attorney General Abbott said. “Particularly in an age where children are so frequently confronted with violence and disorder, sixty seconds of quiet contemplation at the beginning of each day is not too much to ask. This Texas law - and the court’s ruling - protects the constitutional rights and religious liberties of all schoolchildren.”

Governor Rick Perry, the defendant in the lawsuit, added: “Whether schoolchildren use their morning moment of silence to pray or to prepare for a pop quiz, tolerance and personal freedom are lessons that should be taught and exercised regardless of our environment. Justice was served in this ruling, and I am proud that Texas’ children will continue to be able to have a moment dedicated daily to their innermost thoughts and contemplations.”

The plaintiffs, David Wallace Croft and his wife Shannon, filed the lawsuit in the U.S. District Court for the Northern District of Texas. Their children are students in the Carrollton-Farmers Branch Independent School District.

The Texas Legislature revised the moment of silence provision in 2003, adding the word “pray” to the list of designated options as well as “any other silent activity that is not likely to interfere with or distract another student.”

The federal court held that “…the addition of the word ‘pray’ directly furthers the purpose of encouraging students to engage in individual contemplative activity.” The court also concluded such “thoughtful contemplation” is a “valid secular purpose” and that “the primary effect of the statute is to institute a moment of silence, not to advance or inhibit religion.”