Daughter of noted atheist sues over moment of silence in schools

[Susan Freiman]

http://www.dailyherald.com/story/?id=64739&src=3
Daughter of noted atheist sues over moment of silence in schools
By Nadia Malik | Daily Herald Staff Writer

Acting on a promise made earlier this month, 14-year-old Dawn Sherman on 
Friday filed a lawsuit against Northwest Suburban Township High School 
District 214 to fight the state-mandated moment of silence.
The district is planning to implement the law on Tuesday during morning 
announcements. The suit is believed to be the first seeking to overturn 
the new law.
Sherman's father, Rob, said they will be seeking an injunction Monday to 
prevent that from happening. The lawsuit was filed through Rob -- an 
atheist activist -- since Dawn is a minor.
He said the law violates the separation of church and state because it 
requires a moment of reflection on a daily basis.
"People shouldn't be stopping my education for prayer that they could be 
doing any time in the 18 hours they have the rest of the day," Dawn said.
Although the law doesn't require children to pray, Sherman said the name 
-- Silent Reflection and Student Prayer Act -- indicates that intent.
"The legislature does not have the authority nor the right in the 
constitution to promote religion in the public schools," said Gregory 
Kulis, Sherman's attorney. "It is clear by reading the act and the 
legislative history, the legislature is promoting religion."
Venetia Miles, spokeswoman for District 214, said she hasn't seen the 
lawsuit and can't comment on it.
However, she said the district will continue with the moment of silence 
unless otherwise ordered because it has a responsibility to obey state law.
Joseph Conn, a spokesman for Americans United, a group focused on 
separation of church and state, said the law seems to be a backdoor 
attempt to bring government-sponsored prayer into school.
"Teachers have the authority already to call for a moment of silence," 
he said. "When the legislature starts meddling in something like this, 
it's obvious they're doing it to appeal to voters."
However, he said it's up to the courts to decide where to draw the line 
on prayer and a moment of silence. Because the law gives prayer as only 
one option during the moment of silence, Conn said it's a little more 
complicated.
"It's hard to say where (the courts) will come down on this," Conn said.
State Rep. Fred Crespo, a Hoffman Estates Democrat, said when he 
sponsored the bill in the House, he never intended prayer to become an 
issue.
"If I for a second thought that the intent of the bill was to introduce 
prayers into public schools, I would not have sponsored the bill," he 
said. "It's definitely very clear that there has to be a line between 
church and state."
Crespo said the law doesn't give teachers a license to instill their 
beliefs into students. Instead, he said it's a chance to take a moment 
to pause in the midst of a busy day and reflect.
"I don't understand the merits of the lawsuit," he said. "Again, this is 
not asking (students) to pray."
Besides naming District 214 board members and Superintendent David 
Schuler, the lawsuit filed in federal court also names Patrice Johannes, 
principal at Buffalo Grove High School, which Dawn attends, Dawn's 
third-period teacher, Binh Huynh -- who would oversee the moment of 
silence -- and Gov. Rod Blagojevich.
Blagojevich vetoed the bill but was overridden by the state House and 
Senate. Sherman said the governor is cited because he is responsible for 
enforcing state law.
If the judge doesn't agree to an injunction, Dawn said she would just 
sit at her desk and study for that moment. She's hoping, though, that 
eventually the law will be taken off the books statewide.