Texas AG fights to uphold "a moment of silence" in school
Texas Attorney General Greg Abbott (photo) is taking the fight to uphold a student’s right to observe "a moment of silence" after the recitation of the pledge of allegiance to the U.S. Court of Appeals for the 5th Circuit.
The case was sent to the appellate level after a federal district judge ruled in favor of the state. The appellate case is related to a lawsuit filed by a couple with children in the Carrollton-Farmers Branch Independent School District against the governor of Texas.
The couple challenged a state law that grants students a moment of contemplation for silent prayer or patriotic observance after saying of the pledge of allegiance. The couple appealed when a court ruled in favor of the state and the moment of silence law.
Solicitor General James Ho will represent the state in the appeal.
“The plaintiffs' argument turns the First Amendment on its head,” said Ho. “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.”
Five years ago, the Texas Legislature made changes to the moment of silence law, stipulating the recitation of the pledge would precede the moment of silence, which can then be used for “prayer” or “any other silent activity” that does not interfere or distract other students.
Reprint from the Texas Insider.com
The case was sent to the appellate level after a federal district judge ruled in favor of the state. The appellate case is related to a lawsuit filed by a couple with children in the Carrollton-Farmers Branch Independent School District against the governor of Texas.
The couple challenged a state law that grants students a moment of contemplation for silent prayer or patriotic observance after saying of the pledge of allegiance. The couple appealed when a court ruled in favor of the state and the moment of silence law.
Solicitor General James Ho will represent the state in the appeal.
“The plaintiffs' argument turns the First Amendment on its head,” said Ho. “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.”
Five years ago, the Texas Legislature made changes to the moment of silence law, stipulating the recitation of the pledge would precede the moment of silence, which can then be used for “prayer” or “any other silent activity” that does not interfere or distract other students.
“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,” Attorney General Abbott said.
Carrollton-Farmers Branch ISD has been dismissed from the appeal. The case is now strictly between the state and the couple.Reprint from the Texas Insider.com
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