The Sound of Silence
"A three judge panel from the 5th US Circuit Court of Appeals ...upheld a district court ruling ..that (a Texas law requiring students to observe a daily minute of silence in order to pray, reflect or otherwise remain quiet) is constitutional."
Associated Press, March 17, 2009
"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."
First Amendment to the Constitution of the United States
In making this ruling, the 5th Circuit concurred with the 4th Circuit, which upheld a similar law in Virginia. Both courts ruled, in effect, that a minute of silence is not equivalent to school-sponsored prayer, which the US Supreme Court found unconstitutional in Engel v Vitale (1) in 1962. Speaking for the Court, Justice Hugo Black asserted that even voluntary, non-denominational prayer could not be legally instituted in public schools without violating the Establishment Clause quoted above.
Since Engel was decided in 1962, there have been efforts to amend the US Constitution to overturn it and permit some form of state-sponsored prayer in public schools. President Ronald Reagan endorsed the Prayer Amendment, but did not use his substantial political clout to advance it. Not only has the Prayer Amendment gone nowhere, but subsequent court rulings have extended the ban to student-led prayer, if it is part of an official public school activity.
Meanwhile, the singing of Christmas carols in the public schools goes on unchallenged, even though the lyrics advocate a specifically Christian message. As a public school student, I was urged to sing that Jesus was born of a virgin (Silent Night), that he was born the king of angels (Come, All Ye Faithful) and that he died to make men holy (Battle Hymn of the Republic (2)). In my view, a religious message set to music is just as inappropriate for a public school as one recited.
The plaintiffs in the Texas case, David and Shannon Croft of Carrollton, contended that because the law in question suggested that students could use the silent period to pray, the law advanced religion in the public schools. Although I consider myself among the most militant in opposition to government sponsorship of religion, I part company with the Crofts on this one and consider the decision of the 5th Circuit correct.
Despite propaganda otherwise, no American court has ever prohibited students from praying in the public schools. In fact, a law that banned prayer would violate the Free Exercise Clause of the First Amendment. As a student at Steuben Jr HS and Washington HS, I said brachos (blessings) and bircas hamazon (grace after meals) every day in the lunchroom with a yarmulke on my head; no one ever stopped me. The issue is, and always was, teacher-led prayer, and silence is simply not prayer at all. Under the Texas statute, students are free to meditate and contemplate anything they like during the silent period, and no one has any way of knowing what (if anything) they are thinking about.
I do not agree that simply giving people an opportunity to pray in a government-controlled setting is establishment of religion. For example, a public hospital or airport could legally provide a room for prayer or contemplation, provided that no religious symbols are displayed or religious texts provided.
Critics of the Texas law assert that the "Minute of Silence" is an attempt to sneak prayer into the public schools. I do not dispute this contention, but I believe that the method chosen avoids the discriminatory consequences of state-sponsored prayer, and so is legal. I would not have supported passage of the law because I see no need for a statewide mandate for the period of silence; if needed at all (and I do not believe it is), the need should be determined by local school boards. But the place to oppose it is the legislature, not the federal courtroom.
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(1) 370 US 421 (1962)
(2) OK, the Battle Hymn is not a Christmas carol, but it is a song with a strong Christian message taught in the public schools.
Associated Press, March 17, 2009
"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof...."
First Amendment to the Constitution of the United States
In making this ruling, the 5th Circuit concurred with the 4th Circuit, which upheld a similar law in Virginia. Both courts ruled, in effect, that a minute of silence is not equivalent to school-sponsored prayer, which the US Supreme Court found unconstitutional in Engel v Vitale (1) in 1962. Speaking for the Court, Justice Hugo Black asserted that even voluntary, non-denominational prayer could not be legally instituted in public schools without violating the Establishment Clause quoted above.
Since Engel was decided in 1962, there have been efforts to amend the US Constitution to overturn it and permit some form of state-sponsored prayer in public schools. President Ronald Reagan endorsed the Prayer Amendment, but did not use his substantial political clout to advance it. Not only has the Prayer Amendment gone nowhere, but subsequent court rulings have extended the ban to student-led prayer, if it is part of an official public school activity.
Meanwhile, the singing of Christmas carols in the public schools goes on unchallenged, even though the lyrics advocate a specifically Christian message. As a public school student, I was urged to sing that Jesus was born of a virgin (Silent Night), that he was born the king of angels (Come, All Ye Faithful) and that he died to make men holy (Battle Hymn of the Republic (2)). In my view, a religious message set to music is just as inappropriate for a public school as one recited.
The plaintiffs in the Texas case, David and Shannon Croft of Carrollton, contended that because the law in question suggested that students could use the silent period to pray, the law advanced religion in the public schools. Although I consider myself among the most militant in opposition to government sponsorship of religion, I part company with the Crofts on this one and consider the decision of the 5th Circuit correct.
Despite propaganda otherwise, no American court has ever prohibited students from praying in the public schools. In fact, a law that banned prayer would violate the Free Exercise Clause of the First Amendment. As a student at Steuben Jr HS and Washington HS, I said brachos (blessings) and bircas hamazon (grace after meals) every day in the lunchroom with a yarmulke on my head; no one ever stopped me. The issue is, and always was, teacher-led prayer, and silence is simply not prayer at all. Under the Texas statute, students are free to meditate and contemplate anything they like during the silent period, and no one has any way of knowing what (if anything) they are thinking about.
I do not agree that simply giving people an opportunity to pray in a government-controlled setting is establishment of religion. For example, a public hospital or airport could legally provide a room for prayer or contemplation, provided that no religious symbols are displayed or religious texts provided.
Critics of the Texas law assert that the "Minute of Silence" is an attempt to sneak prayer into the public schools. I do not dispute this contention, but I believe that the method chosen avoids the discriminatory consequences of state-sponsored prayer, and so is legal. I would not have supported passage of the law because I see no need for a statewide mandate for the period of silence; if needed at all (and I do not believe it is), the need should be determined by local school boards. But the place to oppose it is the legislature, not the federal courtroom.
------------------------------------------------------------------------
(1) 370 US 421 (1962)
(2) OK, the Battle Hymn is not a Christmas carol, but it is a song with a strong Christian message taught in the public schools.
posted by Gerald S Glazer at 9:53 AM
2 Comments:
For further proof of your argument all people need to do is go the Zablocki VA. There is a chapel at the VA and organized, scheduled, daily religious services led by appropriate clergy are held at the VA. The VA is obviously a government organization.
I agree with Mr Glazer that prayer should not by compulsary in school, but it would be quite appropriate and in keeping with how the government relates to religion in other organizations like the VA for the schools to have designated places and times for students to pray if they want to.
There are already scheduled play periods and study halls and there is no reason why there cannot or should not be prayer periods in addition or as subsitutes.
I agree with both of you. We need a more religious society, not one that is less so.
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