The Insite - Justice Now: You Be The Judge

J U S T I C E N O W:
You Be the Judge

Here are the results of this poll:

Who was right?
In whose favor do you think the court decided -
Mr. Jafree or the State of Alabama?

A	B	C	D	E

Response # of votes % of vote
A When students are at school, school rules are the law. Schools can require students to observe a moment of silence or prayer. 1299 30%
B The law only authorized a moment of silence. It did not require the children to pray. What's the big deal? 1352 31%
C It's okay to have a moment of silence but the schools shouldn't be teaching specific prayers. 1318 30%
D Students in public schools are protected by the First Amendment. This school rule clearly violates of the children's right to freedom of/from religion. Kids shouldn't be forced to say prayers in school. 127 3%
E Passing a law that requires a moment of silence paves the way for a school to establish religion in the school. This violates not only the First Amendment freedom of/from religion but also violates the Constitution's separation of church and state. No school prayer. No moment of silence. Period. 70 2%
Total: 4359 100%

	Response	# of votes	% of vote
A	When students are at school, school rules are the law. Schools can require students to observe a moment of silence or prayer.	1299	30%
B	The law only authorized a moment of silence. It did not require the children to pray. What's the big deal?	1352	31%
C	It's okay to have a moment of silence but the schools shouldn't be teaching specific prayers.	1318	30%
D	Students in public schools are protected by the First Amendment. This school rule clearly violates of the children's right to freedom of/from religion. Kids shouldn't be forced to say prayers in school.	127	3%
E	Passing a law that requires a moment of silence paves the way for a school to establish religion in the school. This violates not only the First Amendment freedom of/from religion but also violates the Constitution's separation of church and state. No school prayer. No moment of silence. Period.	70	2%
	Total:	4359	100%

What happened in court?

The Federal District court voted against Mr. Jafree and in favor of Alabama's state law for a "moment of silence" at the start of the school day. The court said the 1st Amendment which says: "Congress shall make no law respecting an establishment of religion..." does not prohibit a state from establishing a religion.

Case closed? No! Mr. Jafree appealed to a higher court (Court of Appeals) which reversed the lower court's decision. The Court of Appeals said that Alabama's law was unconstitutional because it didn't respect the separation of Church and State.

Case closed? Not yet! The state of Alabama took the case all the way to the US Supreme Court. There, in 1985, the highest court in the land agreed with the Court of Appeals and struck down the Alabama law calling for a "moment of silence for meditation or prayer." The court said, "No prayer, even if it's just a moment of silence."

How come? The court said the motivation behind "moments of silence or meditation" is religious. People who pass these laws are looking for a way around rulings against religion in public schools. And that's unconstitutional!

Case closed? Case closed!

Added note: Since kids in school have to sit for long periods of time, it might make more sense to start the school day with a "moment of wild and crazy behavior" instead of a "moment of silence"!

See what others have to say,
or post your own opinions on this topic!

Check out other "You be the Judge" Cases:

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