Post Scripts: Moment of silence – a positive thing

Every day in every Texas public school, students pledge allegiance to the U.S. and Texas flags and sit through a moment of silence so they can pray, meditate, daydream or twiddle their thumbs. This quiet time, mandated by the State Legislature since 2003, has survived one federal court challenge, but a pending appeal seeks to scrap the practice as an improper religious exercise.

"It’s clear if you watch the video and read the transcripts of the legislative debates that the main purpose of this law is to create school-sponsored silent prayer, and that with a wink and a nod they’re just sort of calling it a moment of silence," said David Croft, a suburban Dallas parent and atheist who seeks to overturn the law. The Crofts have spent $16,000 on this case so far.

In 1985, the U.S. Supreme Court allowed moments of silence in public schools when the practice is motivated by a secular purpose. In the years since, almost every lawsuit challenging the practice has failed. The first challenge to the Texas law failed in January when District Judge Barbara Lynn found a nonreligious purpose for the quiet time, though she said she had to hunt for it. "The Texas Legislature was less than clear in articulating the secular purpose of the Texas moment of silence law," Lynn ruled.

Currently, 26 states have laws establishing a moment of silence for public school students, according to the brief submitted to the circuit court. A Texas law, enacted in 1995, permits school districts to create a moment of silence to let students "reflect and meditate." In 2003, legislators amended the law to create a full minute of mandatory morning silence in all classrooms. The new law added the word "pray"to the list of approved activities, adding that students may also reflect, meditate or engage in any other non-disruptive silent activity.

A Texas senator, Kip Averitt, said: "Having a moment of silence, prayerful reflection, is a positive thing that’s going to let those folks grow up to be good citizens, servants of their Lord."

The general feeling about prayer in school is that there nothing wrong with protecting the right to pray. The Supreme Court noted that states may protect every student’s right to engage in voluntary prayer during an appropriate moment of silence during the school day. It was also noted the minute of silence fosters the goal of promoting patriotism because it follows the Pledge of Allegiance.

David Croft, a software developer, calls the minute of silence a waste of time. "If you multiply the one minute of silence by 4 million students and 180-something school days in the year, you realize that, just for basically a political statement to the religious right, how much school time they are taking out," Croft said.