Gotta Minute? - Virginia enacts minute of silence in schools - Brief Article

Current Events, Jan 26, 2001

EACH DAY WHEN JORDAN Kupersmith, age 16, arrives at Potomac Falls High School in Loudoun County, Va., he goes directly to the principal's office. He waits there until the school's daily "moment of silence" is finished and then heads off to class. Kupersmith's refusal to sit in his classroom during the "moment of silence" is his way of protesting a new law he feels is unfair.

Last year, the Virginia General Assembly passed a law requiring Virginia's public schools to observe a daily, minute-long "moment of silence" in each classroom. The law, which went into effect in July, says students may "meditate, pray or engage in any other silent activity" during the moment. Kupersmith and nine other students around the state challenged the law, claiming that the law's inclusion of prayer as one of the possible activities encourages prayer in schools and violates the constitutional principle of separation of church and state.

Represented by the American Civil Liberties Union (ACLU), the ten students and their parents sued the Commonwealth of Virginia. In October, a U.S. District Court judge upheld the Virginia law, but Kupersmith and some of the other students say they plan to appeal that decision.

The law's supporters contend that the daily period of silence provides a moment of calm and reflection and is a positive response to the violence in U.S. public schools.

Quiet Time

In his decision, District Court Judge Claude M. Hilton wrote that the law does not violate the separation of church and state: "The momentary silence neither advances nor inhibits religion.... All that is required is that [students] sit silently.... Nothing and no one is favored under the [law]."

Erika Bouknight, a 15-year-old student at Potomac Falls High School, said, "I like [the moment of silence]. It is [a] time to get relaxed before school gets going."

Promoting Prayer?

Opponents of the law say the moment of silence subtly encourages school prayer. "It puts religion in public schools," Kupersmith said.

Barry Lynn, executive director of Americans United for the Separation of Church and State, agrees with Kupersmith: "There would be no effort to have a moment of silence," Lynn said, "if the only reason was because it was going to calm children down. We know this is about religion."

Others say the moment is a waste of time. A Virginia student newspaper editorial noted, "There aren't many people doing anything that looks like school prayer at 7:45 a.m. [The students] are more likely going over notes for a quiz or drooping over their desks."

Are laws mandating "moments of silence " a good idea? Why or why not?

Background

Virginia isn't the only state to pass a "moment of silence" law. Similar laws have been enacted in 28 other states as well. The laws vary from state to state. Four states mandate a moment with a reference to prayer or another religious activity. Seven states have mandatory minutes that do not refer to prayer, and other states have laws allowing voluntary moments of silence with or without religious references.

"Moments of silence" were first introduced into law in the mid-1980s. In the case of Wallace v. Jaffee (1984), an Alabama family sued to overturn the state's moment of silence law. The Supreme Court ruled that such laws are unconstitutional because they violate the division between church and state.

In their decision, the justices referred to the 1971 case of Lemon v. Kurtzman to formulate a three-part test (known as the Lemon test), to determine if a government action regarding school prayer is constitutional. test asks: 1. Does the legislation reflect a clearly secular purpose? 2. Does the legislation have a primary effect that neither advances nor inhibits religion? 3. Does the legislation avoid excessive government entanglement with religion?

What's Next?

Jordan Kupersmith and the other Virginia students plan to appeal Judge Hilton's decision to the U.S. Supreme Court. Kupersmith is hoping the high court will follow the precedent set in Wallace v. Jaffee and overturn Virginia's moment of silence law. However, in presenting their case, Kupersmith and the other plaintiffs must show that the Virginia legislature intended to encourage prayer by passing the moment of silence law. That is a difficult task since the law specifically articulates secular purposes as well as the religious ones.