Ill. Lawmakers Override Veto; Schools Required to Start with Moment of Silence
Illinois schools are now required to give students a moment of silence at the beginning of the day so that they may pray or reflect after state lawmakers approved the mandate last Thursday.
The House agreed with the Senate in a 74-37 vote to override Gov. Rod Blagojevich's veto of the legislation.
The law, which took effect immediately, reads: "In each public school classroom the teacher in charge shall observe a brief period of silence with the participation of all the pupils therein assembled at the opening of every school day. This period shall not be conducted as a religious exercise but shall be an opportunity for silent prayer or for silent reflection on the anticipated activities of the day."
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While the governor had said in his veto that he believes in the "power of prayer," he felt the law violated the Constitution's separation of church and state.
But supporters of the legislation say the intention was not to mandate prayer in schools but instead to benefit students' well-being by providing a moment of peace in a noisy society.
"This was never about trying to require prayer in the schools," said Rep. Will Davis (D-Homewood), the bill's chief sponsor. "This is a way for teachers and students to [start] their day off in the right way."
Davis added that time allocated for reflection could possibly avert tragedies like the recent school shooting in Cleveland, Ohio, where a high school student killed two students and two teachers before turning the gun on himself.
Rep. Monique Davis (D-Chicago) said a moment of silence could allow students the opportunity to enjoy listening to the "rustling of leaves" or the "chirping of a bird." It would be a break from a "rushed, exciting world in which they live that helps to create the violence," she added.
Concerned Christian Americans and the Illinois Family Institute, two organizations that backed the legislation, agreed that the silence would help students cope with the everyday stress they may face.
Critics, however, have called the new law unnecessary, pointing to a state law that already allow schools to observe a moment of silence before instruction.
"The principal can say we're going to do it in our school. I know teachers that already do it. Why is it necessary to say you shall?" asked Rep. Bill Black (R-Danville), who rejected the legislation.
According to a 1962 U.S. Supreme Court ruling, public schools are not allowed to lead students in prayer although students can still pray. In 2000, a U.S. District court upheld a Virginia law that required schools to observe "moments of silence" at the beginning of instruction. Eleven states require public schools to hold such moments, while 23 others leave it optional.
Since the 2002 Illinois state law only allows and not require moments of silence, supporters of the mandate argue that some schools and teachers choose not grant them to students.
In Chicago, administrators are not aware of any schools that currently set aside time for silent meditation, according to the Chicago Tribune.
Some critics also expressed concern over the implications the law may have on instruction time or disciplinary actions within the schools. The law does not articulate any penalties for schools that don't hold a moment of silence
Sponsors acknowledged that it may take time to formulate rules to implement it.
Sen. Todd Sieben (R-Geneseo), who voted for the override in the Senate last week, noted that despite the mandate students can choose to spend the time praying or not.
"A moment of silence is whatever you want: silence, reflection, prayer, meditation. There are a lot of things you can do in a moment of silence that doesn't necessarily have anything to do with religion or imposing your religious views on somebody else."
