ACLU joins 'silence' lawsuit
The American Civil Liberties Union can be a party to the suit seeking to end the "moment of silence" mandated in Illinois schools, a judge decided Thursday.
The lawsuit was filed in October by Dawn Sherman, 14-year-old daughter of Buffalo Grove atheist activist Rob Sherman, against Northwest Suburban High School District 214. The younger Sherman is a freshman at Buffalo Grove High School.
On Thursday, U.S. District Judge Robert Gettleman allowed the ACLU to become an "amicus curiae," or a friend of the court, for the suit.
Harvey Grossman, ACLU attorney, said the group believes the law mandating a moment of silence is unconstitutional. The law went into effect Oct. 12.
"We have a sincere belief we can be of assistance (in the lawsuit)," Grossman said.
Rob Sherman said he approached the ACLU in October when he first filed the lawsuit, but at the time the organization said it was not interested in being a part of the initiative, he said.
Now, Sherman doesn't believe the ACLU's involvement is warranted, said Gregory Kulis, Sherman's attorney.
However, the judge granted the ACLU request.
"I can only see a benefit to both the plaintiff and the court," Gettleman said.
Kulis also asked the judge Thursday to consider a permanent injunction that would prohibit the moment of silence from being required statewide.
Gettleman's previous preliminary injunction prohibits only District 214 from having a moment of silence.
Kulis said the Chicago Public Schools recently decided not to enforce the moment of silence while the lawsuit is still in court. However, other schools are still upholding the law.
"Every school district is going: Should we or shouldn't we?" he said.
Gettleman, however, said he will hold off on any other decisions until the next hearing at 1:30 p.m. Dec. 14.
He brought up legislation that has been introduced in Springfield by state Rep. John Fritchey, a Chicago Democrat, that would remove the words "student prayer" from the law and alter it to say that schools "may conduct" rather than "shall observe" a moment of silence.
Gettleman said he'd like to see where that stands before the next hearing.
He also didn't make a ruling on a class-action status for both the plaintiff and the defendant in the case. Kulis is seeking that status so that Dawn Sherman can act as a party for all students in the state and District 214 would represent all the school districts in the state.
That action could allow Gettleman to ban the law statewide.
Brian McCarthy, attorney for District 214, said District 214 doesn't want to have to shoulder that financial burden.
He also said District 214 doesn't have enough interest in the case to provide a sufficient defense. The district has held the view that it will not take a stand on the constitutionality of the law itself.
Venetia Miles, spokesperson for the district, has previously said that District 214 will go along with whatever the ruling turns out to be.