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| NewsFriday, October 26, 2007 4:51 PM CDT |
Atheist's daughter fights moment-of-silence law
CHICAGO -- A 14-year-old girl and her outspoken atheist father filed a federal lawsuit Friday challenging an Illinois law requiring a brief period of prayer or reflective silence at the start of every school day. The lawsuit asks the court to declare the law unconstitutional, said attorney Gregory Kulis, who represents Dawn Sherman, a freshman at Buffalo Grove High School, and her father, the atheist-advocate and radio talk show host Robert Sherman. Kulis said the law is an attempt to inject religion into public schools in violation of the First Amendment. The suit also seeks a temporary restraining order to halt schools' obeying the law until the case is decided. A judge will consider that request at a Monday morning hearing. The lawsuit names Gov. Rod Blagojevich and officials of Township High School District 214 as defendants. The governor's office and state attorney general's office had no immediate comment on Friday. School district spokeswoman Venetia Miles said schools will continue to comply with the law. The suit also names high school teacher Binh Huynh, who according to the lawsuit is the girl's third period teacher and would be responsible for ensuring the girl prays silently or reflects quietly on the anticipated events of the day. The school district informed Robert Sherman it would carry out the moment of silence during third period, beginning Tuesday, according to the lawsuit. ``What we object to is Christians passing a law that requires the public school teacher to stop teaching during instructional time, paid for by the taxpayers, so that Christians can pray,'' Sherman told The Associated Press. An Illinois law called the Silent Reflection and Student Prayer Act already allowed schools to observe a moment of silence if they wanted. The new measure changed just a single word: ``may'' observe became ``shall'' observe. Sherman said he went to court after he asked the school board to ignore the law and was rebuffed. It's not Sherman's first church-and-state lawsuit and not the first to involve one of his children. He has sought removal of religious symbols from city seals and a ban on Boy Scout meetings at public schools. In 1989, he sued challenging a state law requiring public-school children to recite the Pledge of Allegiance. Sherman's then 7-year-old son, Richard, appeared at a news conference that year, dressed in a blue blazer and red-and-blue striped tie. The boy recited the pledge without the phrase ``under God.'' ``How can I raise Ricky to be a good little atheist when he's required to say the words 'under God' at the start of each day?'' Sherman said at the event. In 1998, Sherman was convicted of beating Richard, by then a teenager, and later was sentenced to jail for failing to complete domestic violence counseling. He claimed at the time he hit his son twice because he refused to baby-sit his sister, making Sherman late for his radio show. On Friday, Sherman told The Associated Press he is ``the best-known atheist activist in the Midwest.'' His morning radio show is on WJJG AM-1530. He said his teenage daughter gets no harassment at school for the family's beliefs because ``everyone knows this is what Daddy does, this is what the Shermans do.'' The Illinois law originally passed during the spring legislative session, but Blagojevich vetoed it, saying he had doubts about its constitutionality. The Senate overrode that veto early this month, and the House did the same last week. Some school administrators have complained the law is too ill-defined and puts many teachers and some students in an awkward position. The Shermans may have legitimate concerns, but they are suing the wrong party when they target the school district, said Brian McCarthy, an attorney for the district. ``The General Assembly — for better, worse, foolish or wise — passed this law and it's not up to school districts to pick and choose which laws they follow,'' McCarthy said. ``He needs to go after the entity that enforces that law.'' |
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