(Ga. L. 1969, p. 488, § 1; Ga. L. 1994, p. 256, §§ 2, 3.)
Cross references.- Freedom of conscience, Ga. Const. 1983, Art. I, Sec. I, Para. III.
Religious opinions and freedom of religion, Ga. Const. 1983, Art. I, Sec. I, Para. IV.
Law reviews.- For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 187 (1994).
JUDICIAL DECISIONS
Section held constitutional.
- O.C.G.A. § 20-2-1050, as amended by the Moment of Quiet Reflection Act, Ga. L. 1994, p. 256, is constitutional in the statute's entirety, both facially and as applied, and did not violate the establishment clause of the First Amendment to the United States Constitution when the school principal announced over the intercom the quiet moment. Bown v. Gwinnett County Sch. Dist., 895 F. Supp. 1564 (N.D. Ga. 1995), aff'd, 112 F.3d 1464 (11th Cir. 1997).
Georgia Moment of Quiet Reflection in Schools Act, Ga. L. 1994, p. 256, does not violate the establishment clause because the Act satisfies all three prongs of the Lemon test. The Act does not have the primary effect of advancing or inhibiting religion and does not create an excessive government entanglement with religion. Bown v. Gwinnett County Sch. Dist., 112 F.3d 1464 (11th Cir. 1997).
Standing.
- Plaintiff's status as a teacher, plaintiff's objection to implementing the moment of silence in plaintiff's classroom, and plaintiff's subsequent suspension and termination were sufficient to afford plaintiff standing to challenge the Moment of Quiet Reflection in Schools Act, Ga. L. 1994, p. 256, which amended O.C.G.A. § 20-2-1050. Bown v. Gwinnett County Sch. Dist., 895 F. Supp. 1564 (N.D. Ga. 1995), aff'd, 112 F.3d 1464 (11th Cir. 1997).
RESEARCH REFERENCES
Am. Jur. 2d.
- 68 Am. Jur. 2d, Schools, § 436 et seq.
ALR.- Constitutionality of regulation or policy governing prayer, meditation, or "moment of silence" in public schools, 110 A.L.R. Fed. 211.
Validity and construction of public school regulation of student distribution of religious documents at school, 136 A.L.R. Fed 551.