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Texas Attorney General Greg Abbott has taken action to defend the right of children to begin their school day with a moment of prayer or reflection after an atheist couple refused to drop a legal challenge against the "moment of silence" law.
The 2003 law gives students a minute of silence to “reflect, pray, [or] meditate” after their recital of the Pledge of Allegiance.
In court papers filed Friday, Abbott urged the Fifth U.S. Circuit Court of Appeals to uphold the state's required moment of silence, which a lower court has declared constitutional.
“The United States Constitution plainly protects young Texans’ right to observe a moment of silence before school each morning,” Abbott said in a statement Monday.
“In an age where children are bombarded with distractions, beginning each school day with a moment of silence offers a welcome moment of thoughtful contemplation," he noted. "The state of Texas will work diligently to defend the law and uphold the district court’s decision, which ruled that Texas’ moment of silence statute is entirely constitutional.”
David and Shannon Croft, an atheist couple whose children attend a school district near Dallas, is behind the legal challenge to the "moment of silence" law. They allege in the suit that the law is a way to sneak prayer into schools.
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In January, a federal judge threw out their claim but the couple is appealing.
The state is disputing the couple's claims, asserting in court documents that “the purpose of these exercises is plain – to foster patriotism and provide an opportunity for students to engage in thoughtful contemplation."
"Nothing in the Establishment Clause forbids moments of silence in public schools," the state added, citing the 1985 Supreme Court decision on Alabama's version of the moment of silence law. "To the contrary, States may 'protect every student’s right to engage in voluntary prayer during an appropriate moment of silence during the school day.'"
The majority of Americans would disagree with the plaintiffs. A Jan. study by Ellison Research shows that 89 percent of Americans would support laws that allow public school teacher to permit a "moment of silence" for prayer or contemplation for all students during class time.
Solicitor General James Ho, who will represent the state in the appeal, framed the lawsuit as a misinterpretation of the Constitution.
“The plaintiffs’ argument turns the First Amendment on its head," he said in a statement. "Their reasoning would condemn any law that prevents discrimination against religion by expressly protecting the right of students to ‘pray’ – including numerous federal and state laws that protect students against religious hostility.”
About 13 states, including Texas, have moment of silence laws. Colorado is the latest state in trying to join the bandwagon, as members of a church in Aurora are attempting to secure a Nov. ballot initiative that will allow students five minutes of silence for prayer or meditation.
