Moments of silence have always been bothersome for the nonreligious community. They are thinly veiled moments of prayer. When challenged, those supporting them claim that anything can be done during that time, but we all know they are being disingenuous. Moments of silence are clearly meant for silent prayer, and anyone intellectually honest recognizes that. What else are we expected to do: think about what to make for dinner, the cute girl you just saw (I do, but as an atheist I’m certainly not going to do something as useless as pray)? Clearly a moment of silence is meant to do something (as prayer supposedly does, if one believes). Otherwise, what would be the point? A moment of simply silent reflection, as is sometimes claimed, is completely useless in a group setting, while many believe group prayer can be very effective, i.e. at church. I will, therefore, from now on refer to it instead as a “moment of silent prayer.” That is a much more truthful description.
This does not mean that moments of silent prayer are by any means wrong or unconstitutional by nature, as long as they are done in a non-captive setting one chooses to attend (sports game, for instance in honor of troops who have died), or publicly as long as participation is not enforced by law (still questionable if promoted by public employees). As we can honestly recognize “moments of silence” as meant primarily to be moments of mass silent prayer, to be legally coerced into it would be unquestionably unconstitutional.
Illinois has such a law. This law requires public school students to observe a moment of silent prayer, although as I already mentioned they disingenuously claim that it can be a moment of “silent reflection,” whatever that means. In actuality, it is another attempt to sneak prayer into our taxpayer funded schools and push it onto a young, captive audience. U.S. District Court Judge Robert W. Gettleman saw through the ruse, ordering a permanent injunction banning enforcement of the law [DailyHerald.com].
“The statute is a subtle effort to force students at impressionable ages to contemplate religion,” wrote Gettleman.
There is only one aspect in which I disagree with Judge Gettleman: the statute isn’t quite subtle. Although it is an attempt to sneak prayer into the schools, I don’t see how a moment that everyone recognizes as a time for prayer can be subtle. It’s another win for everyone’s First Amendment rights and as a consequence another win in the fight for the rights of the nonreligious. Hopefully, now that we no longer have a religious ideologue in office, we might have many more.
Addendum (1/26/09)
Eric Zorn, from the Chicago Tribune, has posted a plain text version of the ruling originally published as a .pdf (sans footnotes). It explains well why the mandatory moment of silent prayer law violates the “Lemon test” of First Amendment constitutionality.