Court Upholds Texas Mandatory Moment of Silence Law

On Tuesday, a Texas federal district court rejected an Establishment Clause challenge to the Texas law that requires public schools to observe a moment of silence each day during which students may “reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student.” In Croft v. Perry, (ND TX, Jan. 2, 2008), most of the court’s 36-page opinion focused on the state’s purpose in enacting the current version of the law. The court concluded: “Although it is a close question, the Court finds legitimate the secular purpose of allowing for all types of thoughtful contemplation and concludes that this purpose is supported by the legislative history and sufficient to withstand the Lemon test. The Court rejects the argument that this purpose is trivial or pretextual.” Today's Houston Chronicle and Dallas News both reported on the decision. (See prior related postings 1, 2.)