Texas Attorney General Greg Abbott has taken action to defend the right of children to begin their school day with a moment of prayer or reflection after an atheist couple refused to drop a legal challenge against the "moment of silence" law.
The 2003 law gives students a minute of silence to “reflect, pray, [or] meditate” after their recital of the Pledge of Allegiance.
In court papers filed Friday, Abbott urged the Fifth U.S. Circuit Court of Appeals to uphold the state's required moment of silence, which a lower court has declared constitutional.
“The United States Constitution plainly protects young Texans’ right to observe a moment of silence before school each morning,” Abbott said in a statement Monday.
“In an age where children are bombarded with distractions, beginning each school day with a moment of silence offers a welcome moment of thoughtful contemplation," he noted. "The state of Texas will work diligently to defend the law and uphold the district court’s decision, which ruled that Texas’ moment of silence statute is entirely constitutional.”
David and Shannon Croft, an atheist couple whose children attend a school district near Dallas, is behind the legal challenge to the "moment of silence" law. They allege in the suit that the law is a way to sneak prayer into schools.
In January, a federal judge threw out their claim but the couple is appealing.
The state is disputing the couple's claims, asserting in court documents that “the purpose of these exercises is plain – to foster patriotism and provide an opportunity for students to engage in thoughtful contemplation."
"Nothing in the Establishment Clause forbids moments of silence in public schools," the state added, citing the 1985 Supreme Court decision on Alabama's version of the moment of silence law. "To the contrary, States may 'protect every student’s right to engage in voluntary prayer during an appropriate moment of silence during the school day.'"
The majority of Americans would disagree with the plaintiffs. A Jan. study by Ellison Research shows that 89 percent of Americans would support laws that allow public school teacher to permit a "moment of silence" for prayer or contemplation for all students during class time.
Solicitor General James Ho, who will represent the state in the appeal, framed the lawsuit as a misinterpretation of the Constitution.
“The plaintiffs’ argument turns the First Amendment on its head," he said in a statement. "Their reasoning would condemn any law that prevents discrimination against religion by expressly protecting the right of students to ‘pray’ – including numerous federal and state laws that protect students against religious hostility.”
About 13 states, including Texas, have moment of silence laws. Colorado is the latest state in trying to join the bandwagon, as members of a church in Aurora are attempting to secure a Nov. ballot initiative that will allow students five minutes of silence for prayer or meditation.
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Camaro,
Do you think there is a place where there is no God. By the way isn't the Christian community attempting to send missionaries to everywhere that there is a lack of knowledge about god. Your comment seems more in keeping with I don't want anyone around who disagrees rather than Christian readiness to take an opportunity to turn it to the glory of god and salvation of lost. Think about it instead of rejection try Christian love.
Nothing surprises me any more in America.Lets just let the few control America and rule the majorty..Seems its just the few that have all the power to control ..When are we as Americans that love God going to stand and take no more ...If they don't like America and its way than why dont they just go where there is no God and live ....
PhatDajuan,
>> I sure wish I was a high school student in Texas right now. Then, during Greg Abbott's precious "Moment Of Silence" I could unfurl a prayer rug and bow toward Mecca. Or perhaps I could don a saffron robe, dance around and sing Hare Krishna. Or maybe even start speaking in tongues and wave a big rubber snake over my head. <<
As long as you keep it silent.
I sure wish I was a high school student in Texas right now. Then, during Greg Abbott's precious "Moment Of Silence" I could unfurl a prayer rug and bow toward Mecca. Or perhaps I could don a saffron robe, dance around and sing Hare Krishna. Or maybe even start speaking in tongues and wave a big rubber snake over my head. Who need reading, writing, and arithmetic when we can have such colorful displays of religious multiculturalism in our public schools?
I think even with the issue of prayer aside, students could use a moment to take a deep breath and get focused on being in school.
As over-stimulated as kids are these days with GameBoys, texting, and Wii's, I think a moment of silence is a fantastic exercise for them. Perhaps schools should extend it to be at least 15 minutes long.
A moment of silence doesn't even have to have any religious connotations. It's observed in every yoga class as a means of centering one's thoughts. What's the big deal?
When we had less rain in Georgia, the Governor and many
other citizens prayed to God for rain, and we are greatly
blessed with rain. On that day, some atheists made a
march against prayer. If the atheist couple don't want
their child to close the eyes at the moment of silence,
let him get out and lay flat on his back and do whatever
he wanted to do. The irony is, God blessed this country
beyond measure and the atheists also share the bounty of
blessings, but these screwedup people are looking for
a fight whenever God or prayer is mentioned. They need
our prayers and sympathy, but letting them act the way
want, is simply like opening doors for snakes to enter
inside our homes. Snakes don't deserve any patting on
the back.
To which I would answer, go ahead! That's what the law (and the Constitution) say you can do!
Of course, the Texas law DOES say silent.
Bummer. You wouldn't be able to force your beliefs on anyone. I'm sorry.
Sorry, I accidentally flagged a post instead of thumbs down. It went something like this:
If I were a HS student in TX, I'd bow towards Mecca or chant Hare Krishna or say a Wiccan prayer. I'd show those people!
I agree, Breadbox (you're making me hungry)
If the atheist are soooooo offended by religious display, then there are atheistic based countries out there that would welcome them with open arms. Scram ... I say!!!
Thats not fair. Those atheists just want to control people. I thought this was america, not china.