Comments on Current Events In Criminal Law from the Federal Criminal Courts in Texas

January 07, 2008

Federal Court Upholds Texas Moment Of Silence Statute

Allows Texas schoolchildren to continue to voluntarily “reflect, pray, or meditate” to begin each school day

DALLAS – Texas Attorney General Greg Abbott prevailed yesterday in federal court, where a North Texas couple had tried to prevent schoolchildren from beginning each school day with a minute of silence to “reflect, pray, [or] meditate” in the classroom. A federal district judge rejected their challenge and upheld the constitutionality of the Texas moment of silence law. Solicitor General Ted Cruz argued on the state’s behalf.

“The court’s ruling ensures that Texas schoolchildren are free to begin each day by voluntarily reflecting, meditating, or praying before school each morning,” Attorney General Abbott said. “Particularly in an age where children are so frequently confronted with violence and disorder, sixty seconds of quiet contemplation at the beginning of each day is not too much to ask. This Texas law – and the court’s ruling – protects the constitutional rights and religious liberties of all schoolchildren.”

Governor Rick Perry, the defendant in the lawsuit, added: “Whether schoolchildren use their morning moment of silence to pray or to prepare for a pop quiz, tolerance and personal freedom are lessons that should be taught and exercised regardless of our environment. Justice was served in this ruling, and I am proud that Texas’ children will continue to be able to have a moment dedicated daily to their innermost thoughts and contemplations.”

The plaintiffs, David Wallace Croft and his wife Shannon, filed the lawsuit in the U.S. District Court for the Northern District of Texas. Their children are students in the Carrollton-Farmers Branch Independent School District.

The Texas Legislature revised the moment of silence provision in 2003, adding the word “pray” to the list of designated options as well as “any other silent activity that is not likely to interfere with or distract another student.”

The federal court held that “…the addition of the word ‘pray’ directly furthers the purpose of encouraging students to engage in individual contemplative activity.” The court also concluded such “thoughtful contemplation” is a “valid secular purpose” and that “the primary effect of the statute is to institute a moment of silence, not to advance or inhibit religion.”

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