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Legislation in works to revise moment-of-silence law

Posted February 13, 2008 10:00 pm

Adriana Colindres

Less than a year after approving a controversial requirement that students in Illinois public schools start the day with "a brief period of silence," legislators are trying to decide if the law needs changing.

At least two lawmakers - Sen. Dan Rutherford, R-Chenoa, and Rep. John Fritchey, D-Chicago - have introduced proposals to lift the mandate, a move that would allow schools to decide for themselves whether to have a daily moment of silence. Those bills haven't yet come up for a vote.

Another piece of legislation, sponsored by Democratic Rep. Will Davis of Homewood, would slightly alter the law by deleting the word "prayer" from its title, the Silent Reflection and Student Prayer Act. The new name would be the Student Silent Reflection Act.

A House committee deadlocked Thursday on Davis's bill, House Bill 4186. The vote was 10-10, a result that prevents the legislation from advancing.

Davis also sponsored the moment-of-silence law last year, when legislators ultimately overrode a veto from Gov. Rod Blagojevich.

The law became the subject of a lawsuit filed in October by talk-show host and atheist Rob Sherman and his teen daughter. They say the law tries to inject religion into public schools.

The following month, a federal judge in Chicago temporarily blocked the state school superintendent from enforcing the moment-of-silence requirement. The law never spelled out penalties for anyone who failed to follow it.

The American Civil Liberties Union of Illinois later joined the Shermans' lawsuit, which remains unresolved.

Schools, meanwhile, struggled over how to implement the law. For example, it does not define how long the silent period should last.

On Thursday, Davis told members of the House Elementary and Secondary Education that his new bill is meant to counter critics who view the moment-of-silence mandate as "an inducement toward prayer in the schools."

"My intent was not to do that," Davis said, adding that the law is meant to provide students with an opportunity for silent reflection.

Some committee members noted, however, that the word "prayer" would remain in the text of the law, even if Davis' proposal eventually passes.

Davis said he would be willing to delete "prayer" from the text of the law, too, but he doesn't want to lift the mandate on schools to observe a moment of silence.

After the committee's tie vote on his bill, Davis said he expects the panel to be more receptive toward Fritchey's bill to make the moment of silence permissive, rather than required.

"My guess, listening to the way folks feel in there and the way my vote went, is that this will probably pass out of committee and probably stands a pretty good chance of passing on the (House) floor," Davis said.

What would happen in the Senate, though, is uncertain, he said. To become law, a bill must pass in the House and Senate and be signed by the governor.

Adriana Colindres can be reached at (217) 782-6292.

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