Judge lets ACLU be party to 'moment of silence' lawsuit

The American Civil Liberties Union will join a lawsuit that seeks to have the Illinois "moment of silence" law banned in schools.

The lawsuit has been brought by Dawn Sherman, 14-year-old daughter of Buffalo Grove atheist activist Rob Sherman, against Northwest Suburban High School District 214. Dawn is a freshman at Buffalo Grove High School there.

Today, U.S. District Judge Robert Gettleman allowed the ACLU to become an "amicus curiae," or a friend of the court.

"We have a sincere belief we can be of assistance," said Harvey Grossman, attorney for the ACLU.

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.

Gregory Kulis, Sherman's attorney, told Gettleman today that Sherman does not believe ACLU involvement is warranted now.

Nevertheless, the judge granted the ACLU request.

"I can only see a benefit to both the plaintiff and the court," he said.

Kulis also asked the judge on Thursday to consider a permanent injunction that would prohibit the moment of silence from being required statewide.

Gettleman's previous preliminary injunction prohibited 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 also didn't make a ruling on 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 state-wide.