Stennis Institute of Government

The 5th Circuit Court of Appeals affirmed the decision of a Texas Federal District Court which upheld the constitutionality of a 2003 state statute which requires Texas public school students to observe a daily minute of silence in order to pray, reflect or otherwise remain quiet.  The 5th Circuit upheld the decision because the statute “expressly allows any silent use of that minute, whether religious or not.”

The lawsuit was filed by a Croft family who had 3 children enrolled in the Carrollton-Farmers Branch Independent School District, located in a suburb of Dallas.  The family argued that including the word “pray” in the statute requiring the mandatory minute of silence was a method for lawmakers to advance religion in public schools.

Several years ago, Pontotoc County Public Schools went all the way to the United States Supreme Court in an effort to allow prayer in public schools; Pontotoc County lost.  Obviously, this statute aims “lower” than the Pontotoc County School District did.  Nevertheless, it sets a precedent in our Federal Circult District for mandating moments of silence in public places for the specific purpose of prayer, among other purposes.