In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the Commonwealth either to engage in, or to refrain from, religious observation on school grounds, the school board of each school division shall establish the daily observance of one minute of silence in each classroom of the division.
During such one-minute period of silence, the teacher responsible for each classroom shall take care that all pupils remain seated and silent and make no distracting display to the end that each pupil may, in the exercise of his or her individual choice, meditate, pray, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice.
The Office of the Attorney General shall intervene and shall provide legal defense of this law.
Code 1950, § 22-234.1; 1976, c. 103; 1980, c. 559; 2000, c. 1022.
Notes of Decisions
Sherman Ex Rel. Sherman v. Koch, 623 F.3d 501 (7th Cir. 2010).
· cites it 6× “at 270 (citing Va.Code Ann. § 22.1-203). The Fourth Circuit concluded that the statute's text supported two secular purposes: to promote non-religious meditation and to accommodate religion.”
Wallace v. Jaffree, 472 U.S. 38 (1985).
· cites it 2× “§ 49-6-1004 (1983); Va. Code § 22.1-203 (1980); W. Va. Const.”
Brown v. Gilmore, 533 U.S. 1301 (2001).
“Applicants seek an order enjoining further implementation of Virginia’s mandatory “minute of silence” statute, Va. Code Ann. §22.1-203 (2000), pending this Court’s disposition of their petition for certiorari which has been filed contemporaneously with this application.”
Croft v. Governor of Texas, 530 F. Supp. 2d 825 (N.D. Tex. 2008).
“Va.Code Ann. § 22.1-203. This statute amended a prior version of the law, which authorized, but did not require, local school boards to establish a minute of silence to allow students “to meditate, pray, or engage in any other silent activity.”
Brown v. Gilmore, 533 U.S. 1301 (2001).
“Applicants seek an order enjoining further implementation of Virginia’s mandatory “minute of silence” statute, Va. Code Ann. §22.1-203 (2000), pending this Court’s disposition of their petition for certiorari which has been filed contemporaneously with this application.”
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