It is perfectly consistent with the U.S. Constitution to protect prayer as a basic religious liberty, he said.
The decision is encouraging to Andy Norman, who is defending a similar law in Illinois.
Theyre trying to get it declared unconstitutional," he said. "Weve had a couple of successes in Virginia and Georgia, with statutes that are almost identical to Illinois law.
Kelly Shackelford, chief counsel of the Liberty Legal Institute in Texas, said atheists likely will continue to bang their heads against the judicial wall.
The idea that somebody is so intolerant that they cannot stand the idea that some other citizen, some other kid, might use the time to pray silently," he said, "to me thats the kind of intolerance I cant even understand.