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Illinois Moment of Silence in Schools Ruled Unconstitutional
Fox ^ | 1/22/2009 | Fox

Posted on 01/22/2009 5:42:03 AM PST by Red in Blue PA

CHICAGO — A federal judge has ruled that a state law requiring a moment of silence in public schools across Illinois is unconstitutional, saying it crosses the line separating church and state.

"The statute is a subtle effort to force students at impressionable ages to contemplate religion," U.S. District Judge Robert W. Gettleman said in his ruling Wednesday.

The ruling came in a lawsuit designed to bar schools from enforcing the Illinois Silent Reflection and Student Prayer Act. It was filed by talk show host Rob Sherman, an outspoken atheist, and his daughter, Dawn, a high school student.

(Excerpt) Read more at foxnews.com ...


TOPICS: News/Current Events; US: Illinois
KEYWORDS: momentofsilence; ruling
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1 posted on 01/22/2009 5:42:04 AM PST by Red in Blue PA
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To: Red in Blue PA

This judge needs to have his head examined.


2 posted on 01/22/2009 5:46:11 AM PST by Eric in the Ozarks
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To: Red in Blue PA

Except that separation of church and state, as liberals so often tout and as defined in the Constitution, does not prohibit prayer in the classroom, nor nativity scenes in the town square. They forget entirely that our nation was founded on religious principles by religious people, that most people in the world worship some higher power, and that they are not empowered to deny religious practices in schools at the federal level.

States and local municipalities can do as they wish as long as such actions are not prohibited expressly under the founding documents.


3 posted on 01/22/2009 5:47:05 AM PST by ronnyquest ("Those who hammer their guns into plows will plow for those who do not." -- Thomas Jefferson)
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To: Red in Blue PA

But easter decorations plastered all over Amtrak trains are not, apparently.


4 posted on 01/22/2009 5:47:10 AM PST by mvpel (Michael Pelletier)
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To: Eric in the Ozarks

Betcha a dollar that if it was a moment of silence to wish the Dear Leader well, it would not have been unconstitutional.


5 posted on 01/22/2009 5:47:28 AM PST by Red in Blue PA (If guns cause crime, then mine are defective.)
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To: Red in Blue PA

These judges have crossed the time a long time ago. Now Obama is going to appoint three idiots just like this to the Supreme Court. Of all the horrible havoc Obama will bring to our country, his Supreme Court nominees will perhaps be the worst. Well, next to his surrendering the war on terror.


6 posted on 01/22/2009 5:48:29 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: Red in Blue PA
Does this mean the teacher no longer has the right to tell her class to BE QUIET!
7 posted on 01/22/2009 5:49:03 AM PST by Dixie Yooper (Ephesians 6:11)
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To: Red in Blue PA

Good grief, this judge is a real maroon (as are the folks who filed this silly suit).


8 posted on 01/22/2009 5:49:03 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: Red in Blue PA

Yes, the worship of Obamessiah is allowed and encouraged!


9 posted on 01/22/2009 5:49:23 AM PST by Always Right (Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
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To: Red in Blue PA

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.


10 posted on 01/22/2009 5:50:07 AM PST by EQAndyBuzz ("Control the information, you control the people.")
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To: EQAndyBuzz

Just a thought here. If this is termed unconstitutional because it crosses the boundary of separation, wouldn’t acceptance of gays and pre-marital sex also cross the line because of a violation of a childs religious upbringing?

And if so, how come we do not file suit?


11 posted on 01/22/2009 5:52:41 AM PST by EQAndyBuzz ("Control the information, you control the people.")
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To: Red in Blue PA
Dingety Dang, there go the TM courses being introduced to help some kids focus their inner selves...
12 posted on 01/22/2009 5:55:15 AM PST by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: Dixie Yooper

Exactly what I was wondering!


13 posted on 01/22/2009 5:58:41 AM PST by grellis (I am Jill's overwhelming sense of disgust.)
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To: Red in Blue PA

First: If you don’t like it don’t participate.
Second: You are infringing on the rights of the other students who want to participate.

Third: Try Home schooling you delinquent daughter and she would not be subjected to this.


14 posted on 01/22/2009 6:02:29 AM PST by sniper63 (Silent and stealthy - one shot - one kill)
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To: Red in Blue PA

No moment of silence because kids may “contemplate” religion.

No doubt all of the schools TV’s were tuned in to the inauguration so they could worship Slobama.


15 posted on 01/22/2009 6:03:39 AM PST by ryan71 (Being an "expert" does not mean your an expert.)
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To: Red in Blue PA

My friends’ children attended Illinois school with the daughter whose father brought forth the original suit. Not sure if it’s the same people named in the article but the original petitioner drove a car with an anti-religion license plate and the student was a nut job who went around parroting her dad’s obnoxious views. They felt it was against their rights to keep having to listen to her.


16 posted on 01/22/2009 6:07:25 AM PST by jilliane
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To: Eric in the Ozarks

Talk about legislating from the bench!


17 posted on 01/22/2009 6:08:01 AM PST by jilliane
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U.S. District Judge Robert W. Gettleman - What a Mensch.



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

http://underneaththeirrobes.blogs.com/main/2004/11/questions_prese_2.html
18 posted on 01/22/2009 6:09:15 AM PST by WaterBoard (Somewhere a Village is Missing it's Socialist.)
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To: Red in Blue PA

Memo to males in Dawn’s high school: exclude her completely from the dating scene. I imagine her kook of a father has already stigmatized her but let her find out what the sharp end of free association feels like.


19 posted on 01/22/2009 6:09:21 AM PST by relictele
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To: Red in Blue PA

Another Schmuck Judge should be put out of office and off the taxpayer dole.


20 posted on 01/22/2009 6:16:00 AM PST by chatham
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