Sherman v. Koch

Federal 7th Circuit Court
Civil Court
First Amendment
Citation
Case Number: 
No. 09-1455
Decision Date: 
October 15, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in granting plaintiff's motion for summary judgment in action challenging under First Amendment constitutionality of section 1 of Ill. Silent Reflection and Student Prayer Act, which mandated that school districts provide period of silence in public schools. Said Act did not violate Establishment Clause since it had solely secular purpose of having uniform moment of quiet reflection to calm school children before start of day and prohibited school district from conducting moment of silence as religious exercise. Ct. rejected plaintiff's claim that Act had primary effect of advancing or inhibiting religion, or that Act was unconstitutionally vague for failure to specify how moment of silence was to be implemented. (Dissent filed.)