Atheist Activist Says Fight is Far from Over

Buffalo Grove atheist activist Rob Sherman says "the war continues" to keep prayer out of public schools. On Oct. 15, a three-judge panel of the U.S. 7th Circuit Court of Appeals ruled 2-1 to overturn a lower court ruling which had declared the Illinois Silent Reflection and Student Prayer Act unconstitutional.

In 2007, the Illinois Legislature amended the act, saying public school students "shall" participate in a moment of "silent prayer or silent reflection" to start the day. Sherman filed a lawsuit on behalf of his daughter Dawn, a Buffalo Grove High School student, arguing the law imposes prayer in school. Sherman plans to seek an en banc hearing which the entire 7th Circuit panel of judges would hear the case.

"This case was heard by two guys who have extreme conflicts of interest," said Sherman. "Judge Daniel Manion sponsored legislation to require the Ten Commandments be placed in every public school classroom in Indiana. The other guy, Judge Kenneth Ripple, is a professor at the University of Notre Dame. Basically, he's on the Roman Catholic payroll."

David Cortman, Senior Legal Counsel of the Alliance Defense Fund, which filed a friend-of-the court brief in the case, said the opinion is on sound legal footing.

"It highly unlikely the 7th Circuit Court will revisit the ruling," said Cortman. "The court's opinion specifically said that nothing in the text of Section One limits students' thoughts during the period of silence. The court noted the only thing that is mandated is silence. Students have an opportunity, which means they get to choose whatever silent thoughts they engage in."

Sherman said the law gives students only two choices: to pray or reflect on the anticipated events of the day.

"What kindergartner knows what the anticipated events of the day are?" Sherman questioned.

He said he supported amended Senate Bill 1658 in 2009, which would have allowed students to reflect on any topic of their choosing and took out the wording "instead of an opportunity for silent prayer." However, he said, that bill never even made it out of committee.

The overturning allows schools to once again participate in the moment of silence,  but most school leaders are waiting for official word before introducing it back into the classrooms.

Sherman has 30 days to submit his request for a new hearing and promises, "The appeals process continues. It is not over. It is far from over."