The Silent Reflection and Student Prayer Act survived its first challenge in federal court on Monday when US District Judge Rob Gettlemen refused to issue an injunction to prevent implementation of a mandatory moment of silence in Illinois public schools. Gettlemen wrote that the "balance of harm does not favor the plaintiff at this moment."
The case is by no means closed, however. Judge Gettlemen has "some serious questions" about the title of the act and potential abuses stemming from it. The plaintiff, atheist activist Rob Sherman, promises an amended lawsuit. The challenge for him will be to identify the proper defendants, as school district board members and a homeroom teacher did not suffice. Gettlemen suggested the state board of education or the Governor's office.
Stay tuned for the next pitch...
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