The case against mandatory moment of silence in schools is on its way to the 5th Circuit Court of Appeals.

The Crofts' argument, Abbott said, would condemn any law that protects prayer or the right to pray, including laws designed to protect religious practices against discrimination.

"It would turn the First Amendment on its head," Abbott said.

That's baloney. Nobody says that kids in school can't pray anytime anywhere unless they're um, actually doing school activities.  I've never seen or heard of any kid, say, that wants to say a prayer before he or she eats, being told it's not possible to do that. But mandating a moment of silence when it's clear it's purpose is to create a window for prayer is ridic. I hope David Croft wins.

Abbott also said that the minute of silence fosters the secular goal of promoting patriotism because it follows the Pledge of Allegiance. In addition, he said, by specifying that students may pray during the silent time, the law prevents discrimination and protects religious freedom — also a proper secular purpose.

Both arguments were rejected by Lynn, the federal court judge who nevertheless found a different secular purpose — to foster a quiet period of reflection — behind the law.

David Croft, a software developer, called the minute of silence a waste of time.

"If you multiply the one minute of silence by 4 million students and 180-something school days in the year, you realize that, just for basically a political statement to the religious right, how much school time they are taking out," Croft said.

I noticed there was a quote in the article about Kip Averitt, our state senator for TX SD22. I'm going to go back and look through the Texas Lege archives to see if there is video or audio of that and will update this post if I find that to be the case.