5th Circuit Affirms Texas Schools' Moment of Silence Law

Anabelle Garay

The Associated Press

March 17, 2009

A federal appeals court on Monday upheld a Texas law that requires public school students to observe a daily minute of silence in order to pray, reflect or otherwise remain quiet.

A three-judge panel from the 5th U.S. Circuit Court of Appeals in New Orleans affirmed a district court ruling, saying the law is constitutional because it expressly allows any silent use of that minute, whether religious or not.

David and Shannon Croft sued on behalf of their three children, who are enrolled in the Carrollton-Farmers Branch Independent School District. The suburban Dallas couple contended that including the word "pray" in the mandatory moment of silence law was a way for lawmakers to advance religion in schools. Another family joined the Crofts in filing the lawsuit but chose to remain anonymous.

The provision, which took effect in September 2003, changed the way school days begin in Texas, allowing children to "reflect, pray, meditate or engage in any other silent activities" for one minute after the American and Texas pledges of allegiance have been recited.

Solicitor General James Ho argued for the state that the moment of silence fostered patriotism, provided time for contemplation and protected religious freedom.

"In an age where children are bombarded with distractions, beginning each school day with a moment of silence offers a welcome moment of quiet contemplation," Texas Attorney General Greg Abbott said Monday.

Circuit Judge Edith Brown Clement noted the lawmaker who sponsored the moment of silence bill expressed a desire to add prayer to Texas' existing moment of silence statute after the 4th Circuit Court of Appeals found a similar law in from Virginia was constitutional.

But the judges said the law that ultimately took effect in Texas allows for any silent use of the time.

The Crofts sued after they said an elementary teacher told one of their children to keep quiet because the minute is a "time for prayer." Their attorney appealed to the 5th Circuit Court of Appeals after a federal judge threw out a challenge to the state law in January 2008.

Attorney W. Dean Cook, who represented the plaintiffs, said Monday afternoon he had not yet read a copy of the opinion.

Liberty Legal Institute, a conservative nonprofit organization that focuses on religious issues, filed a brief supporting the state in the lawsuit.

"We applaud the Fifth Circuit for affirming students' right to pray while at school," said Hiram Sasser, the institute's litigation director.