October 15, 2010 – FOR IMMEDIATE RELEASE
CONTACT Tom Ciesielka, TC Public Relations 312-422-1333, tc@tcpr.net
CONTACT Tom Ciesielka, TC Public Relations 312-422-1333, tc@tcpr.net
7th Circuit Upholds Illinois “Moment of Silence” Law
Attorneys from Mauck & Baker filed a friend-of-the-court brief in favor of law that provides moment of silence for public school students
Observing a moment of silence
CHICAGO — Today the U.S. Court of Appeals for the 7th Circuit upheld an Illinois law that allows public school students to engage in voluntary prayer and reflection as part of a moment of silence during the school day. The court’s decision reverses a federal district judge’s decision last year to strike down the law as unconstitutional in an atheist’s 2007 lawsuit against the Township High School District. In October 2009, Chicago law firm Mauck & Baker filed a friend-of-the-court brief with the 7th Circuit on behalf of the Illinois Family Institute in support of the law, the Silent Reflection and Student Prayer Act, passed in 1969 and amended in 2007.
In its opinion in Sherman v. Koch, the 7th Circuit concluded that the statute “does not advance or inhibit religion (or specific religions that practice momentary silent prayer), but rather mandates only a period of silence. There is also no state entanglement with religion.” The court also concluded that the law “is not unconstitutionally vague in all of its operations.” The 7th Circuit joins other federal circuit courts that have upheld similar laws as constitutional.
“The court confirmed that voluntary periods of silence cannot be interpreted as an establishment of religion. This law connects with our nation’s heritage and a clear understanding of the First Amendment. Students do not shed their constitutional rights at the schoolhouse door," states Andy Norman, partner, Mauck & Baker.
Mauck & Baker worked as allied attorneys with the Alliance Defense Fund, which is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.
For comments form Mauck & Baker contact Andy Norman 773-671-9050.
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Tom Ciesielka
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