U.S. Supreme Court Declines to Hear Case Challenging Illinois' Moment of Silence Law

The United States Supreme Court has declined to hear the case Sherman v. Koch, which challenged Illinois' Silent Reflection and Student Prayer Act (105 ILCS 20/0.01 et seq.) ("Act").

As previously reported on our website and in the Extra Mile, the Seventh Circuit Court of Appeals, in October 2010, upheld the Act, which requires all Illinois public school classroom teachers to observe a "brief period of silence" with students at the beginning of every school day. The court of appeals upheld the Act because it does not specify that the time be used for prayer and because the moment of reflection has both secular and practical purposes in settling down students at the start of the school day to prepare for learning. Since the U.S. District Court for the Northern District of Illinois lifted its injunction in January 2011, public schools are required to observe a daily period for "silent prayer or for silent reflection on the anticipated activities of the day."

The Plaintiff, Sherman, appealed the Seventh Circuit's decision to the United States Supreme Court, arguing that the Supreme Court should hear the case because there are split decisions among the federal appeals courts concerning the constitutionality of moment of silence laws. The appeal also argued that the case gives the Supreme Court an opportunity to consider the rights of atheists and their children to be free from religious influence at public schools.

Initially, the Supreme Court expressed some interest in the case, requesting the State of Illinois to file a response to the appeal. Illinois Attorney General Lisa Madigan told the court that there were several procedural problems with the case, namely that Sherman's daughter was no longer a public school student in Illinois. Ultimately, the Supreme Court declined to hear the case.

What does this mean for public schools in Illinois? The Act is still in force and, therefore, school districts should implement a moment of silence during each school day as required under the law. School boards should contact their legal counsel for guidance in implementing the requirements of the Act in their school districts.