Judge favors expanding 'moment of silence' lawsuit into class-action

A federal judge favors expanding a legal challenge to a mandatory moment of silence in classrooms into a class-action lawsuit that would include all Illinois school districts and students.

Currently the suit is limited to Northwest Suburban High School District 214.

Judge Robert W. Gettleman said on Wednesday he also plans to expand the plaintiff's side of the lawsuit to include all students, instead of just the one Buffalo Grove teenage girl who sued to block the Silent Reflection and Student Prayer Act.

"A bilateral class is the only way to go here," Gettleman said.

The suit was originally filed by Buffalo Grove atheist Rob Sherman and his daughter, Dawn, a freshman at Buffalo Grove High School, who charged that the law was unconstitutional.

Gettleman granted a temporary injunction prohibiting District 214 from holding the moment of silence.

Wednesday's decision is a good sign, Sherman said.

"The judge wants to make sure his decision can't be reversed on appeal," he said. "He's being careful to cover all his bases."

Gettleman said he wants to hear from both sides before extending an injunction he issued in November temporarily blocking the state superintendent from enforcing the Illinois law, which requires a brief period of prayer or reflective silence at the start of every school day.

He also wants the sides to plan how to inform school districts of the class action and whether districts can opt out of the case.

Some districts require the daily silence, following the state act that went into effect in October.

Other districts have stopped enforcing the law as they wait for the court to decide on its constitutionality.

The judge set March 28 for the next hearing.