Posted on 01/21/2009 10:57:50 PM PST by ReligiousLibertyTV
CHICAGO - Today, Judge Robert W. Gettleman of the federal U.S. District Court in Chicago ruled that a state law mandating a moment of silence in Illinois public schools is an unconstitutional endorsement of religion. He had previously put the Illinois Silent Reflection and Student Prayer Act on hold while he considered the case filed by an atheist parent on behalf of his daughter.
The Illinois General Assembly had passed the law to allow students the choice to simply reflect on the day’s activities or pray, and proponents argued that this did not compel religious practice. However, the court found that the intent of the law was to encourage organized prayer in schools, and pointed to arguments made on the Assembly floor equating the moment of silence with legislative prayers. The court also found that the law favored religions that practice silent prayer over those who do not.
“Students remain free to pray on their own, in a non-disruptive manner, throughout the school day,” ACLU lawyer Adam Schwartz said in a statement. “As Judge Gettleman recognized in his decision, public school students in Illinois do not require the permission of the General Assembly to engage in this constitutionally protected activity. ”
The court upheld the principle that students have a constitutional right to pray on their own at any time and that the government or the schools should not arbitrate when and how students pray.
Gettleman, Robert William
Born 1943 in Atlantic City, NJ
Federal Judicial Service:
Judge, U. S. District Court, Northern District of Illinois
Nominated by William J. Clinton on August 16, 1994, to a seat vacated by John F. Grady; Confirmed by the Senate on October 7, 1994, and received commission on October 11, 1994.
Education:
Boston University, B.S./B.A., 1965
Northwestern University School of Law, J.D., 1968
Professional Career:
Staff law clerk, U.S. Court of Appeals, 7th Circuit, 1968
Law clerk, Hon. Latham Castle, U.S. Court of Appeals, 7th Circuit, 1968-1969
Law clerk, Hon. Luther Swygert, U.S. Court of Appeals, 7th Circuit, 1970
Private practice, Chicago, Illinois, 1970-1994
Race or Ethnicity: White
Gender: Male
Dirty rotten no good...
Why do I see it as a restriction of the free exercise of religion.
I guess I see it that way because I think that to establish a religion, Congress would have to pass a law that says we all have to attend, let's say, The Glory Bound Baptist Church every Sunday. This is an establishment of religion.
A prayer in school does not establish a Religion. The Ten Commandments on Public Property does not establish a religion. But if you tell people you can not pray or put the Ten Commandments up, then you are limiting the free exercise of Religion.
If you ask me Judge Robert W. Gettleman needs to be removed for his lack of knowledge of the Constitution.
That is the way I see it and I am sticking to it.
Foolish men deny God.
Moments of contemplation illegal.
Classes teaching the tenets of Islam, having children dress up in traditional Islamic dress, reading memorizing and siting the Koran, design and execute personal jihads as a teaching tool... LEGAL.
Folks, I don’t know what the actual line is that we cannot allow to be crossed, but if this isn’t it, there never will be one and we are done as a Christian nation. And if anyone can state we weren’t one, then they are either absolute fools, or absolute propagandists for our enemies.
Today, Judge Robert W. Gettleman of the federal U.S. District Court in Chicago ruled that a state law mandating a moment of silence in Illinois public schools is an unconstitutional endorsement of religion.
endorsement = establishment?
I don't know about the Illinois Constitution, so I may be out of line.
In any case, how can a moment of silence endorse any Religion? It means that the Christian, Jew, Hindu, Buddhist, satanist, or muzzy can all pray to their own God and the atheist can just remain silent. A moment of silence will not make an atheist a Religious person.
Atheists apparently cannot take even a minute to think. If they spent any time in reflection, they might not be atheists.
Hi Isabel C.,
The only answer I have for that is maybe the Illinois Consitution has something in it in regards to endorsing a religion.
or foollish propagandist!
And forcing my children to watch the inauguration isn’t......go figure.
WHICH Religion?
If you can't answer that, the First Amendment is NOT violated.
How ignorant is this judge?
ping
Maybe we should ask our new President. He’s from Illinois and a Constitutional scholar. Maybe he’ll know. Oh nevermind, he probably proposed this himself years ago.
And please explain to me how creating a 60 second moment of silence to reflect is forcing kids to pray. I’ve been in the public middle and high school classrooms here in Texas when they do this and I can assure you that 99.99% of these kids are not praying. They are free to do whatever they want (homework, sleep, write a note...)as long as they are quiet. Although I saw a lot of teachers who didn’t even enforce the silence. It’s a joke. I can’t imagine it’d be any different in Illionis.
I say if they can’t prove that the moment of silence is being forced on kids by being rigorously enforced, then there’s no violation of anything and there’s certainly no damages so this is just a ploy to further erode even the slightest hint of Christianity in the schools and ultimately the public arena.
Yup, and then they have the audacity to exclaim kids can pray throughout the day, when everyone knows if they do this, they’ll be derided and told to “focus” or “this isn’t the place” or get a note sent home to see a doctor to be put on ritalin.
HEAR HEAR!
"Foolish men deny God."
Foolish men deny God, to their own peril!
Is this a restriction of the free exercise of religion? Doesn't sound like it to me. You need the government to tell you when and where you can pray? You can do that any time, any place you want.
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