Croft v. Perry

• Court: U.S. Court of Appeals for the Fifth Circuit
• AU’s Role: Amicus
• AU's Involvement Began: June 2008
• Status: Closed

Description

In 2003, the Texas legislature amended the Texas Education Code, making mandatory a previously optional moment of silence, and changing the list of designated options for what students can do during the moment of silence from "reflect or meditate" to "reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student." In 2006, David and Shannon Croft, acting on behalf of their children, filed a lawsuit in federal district court challenging the amendment to the moment-of-silence statute. The district court dismissed the lawsuit, and the Crofts appealed to the U.S. Court of Appeals for the Fifth Circuit. In an amicus brief submitted on June 9, 2008, we argued that the plain language and the legislative history of the amendment clearly show that the amendment’s primary purpose was to advance religion. We further argued that the state’s proffered secular purposes — which include inculcating patriotism, protecting individual religious freedom, inducing contemplation, and fostering classroom discipline — were shams that failed to justify the addition of the word "pray" to the statute. Oral argument was held on February 3, 2009. On March 16, 2009, the Fifth Circuit affirmed the lower court decision, holding that the moment of silence law had a secular purpose and was not an establishment of religion.