Sherman v. Koch

(formerly Sherman v. Township High School District 214) We are amici in a case filed by the Sherman family of Buffalo Grove, against their local public high school and the Illinois Superintendent of Education, challenging a recently-amended Illinois state statute mandating a moment of silence as “an opportunity for silent prayer or for silent reflection on the anticipated activities of the day” before each school day begins.

The Illinois legislature, in adopting the provision, compared the public school “moment of silence” to legislative prayer, indicating a legislative intent that the new law to promote public school prayer. Our amicus merits brief in support of the plaintiffs’ motion for summary judgment argued that the law was unconstitutional because its principle purpose was religious, because the law had the effect of encouraging students to pray and because it favors silent prayer over religions with other forms of prayer. In January 2009, the Court struck down the law. The Superintendent of Education filed notice of appeal. In December 2009 we filed our amicus curiae brief in the appellate court arguing in support of the district court ruling. In February 2010, we presented an oral argument as amici curiae in the case. We are awaiting a ruling.