07:46 AM CST on Tuesday, March 14, 2006

By KATHERINE LEAL UNMUTH / The Dallas Morning News

An atheist couple whose children attend a Carrollton-Farmers Branch elementary school have filed a complaint in federal district court arguing that the state's mandated moment of silence in public schools is unconstitutional.

David and Shannon Croft named the school district and Gov. Rick Perry in their complaint, filed Friday. In it, they say one of their children was told by a teacher to be quiet because the minute is a "time for prayer."

"I do not believe there is any secular reason for a moment of silence," said Mr. Croft, 37, a computer programmer. "This is just a ruse to get prayer in school without calling it prayer in school. Is there any study showing a moment of silence helps education?"

School district spokeswoman Angela Shelley said she could not comment about the complaint because the district had not received a copy.

Most administrators were out of town because of spring break and could not be reached.

Since 2003, Mr. Croft has documented his battle against perceived violations of the separation of church and state at Rosemeade Elementary, where his three children attend.

His past complaints, he said, include objecting to religious-themed songs such as "Silent Night" and "God Bless the U.S.A.," Good News Bible Club meetings at the school and a poster reading "In God We Trust."

Kathy Walt, spokeswoman for the governor, said state law clearly gives children the freedom to do what they wish with the moment of silence.

The law, passed in 2003, allows children to "reflect, pray, meditate or engage in any other silent activities" for one minute after the American and Texas pledges at the beginning of each school day.

"If the student wants to review mentally to get ready for a test or pray silently, they can," she said. "The law does not set it up specifically as a moment for prayer. The student can use that moment to collect their thoughts in whatever manner they choose."

The U.S. Supreme Court ruled in 1985 that a moment of silence in Alabama public schools was unconstitutional, saying it showed the government was promoting prayer. But the court declined to hear a challenge backed by the American Civil Liberties Union to Virginia's moment of silence in 2001.

Dean Cook, Mr. Croft's Plano-based attorney, said the Alabama case set a precedent. He said the moment violates the establishment clause and church-state separation.

"This is an issue of trying to impose religion," he said. "There's nothing stopping students from silently praying during the day, so there's no need for this accommodation."

State Rep. Dan Branch, R-Dallas, who co-sponsored the 2003 law, said legislators were aware of challenges to similar laws and were careful with the wording to establish it as a neutral time. He said teachers have told him the law helps calm children down.

Letting children pray in school makes them feel the school is not hostile toward their religion, he said.

"There were some Republicans who wanted a verbal public prayer, and they were opposed to it [the legislation] because they thought it didn't go far enough," Mr. Branch said. "I just wanted to create an opportunity for families who want their children to be able to pray at the beginning of the school day toward a higher being to be able to do so."

Ms. Walt and Mr. Branch said they believe this is the first challenge to the law in Texas.

Mr. Croft ran unsuccessfully for the U.S. House in 2002 and for the state Legislature in 2004. As a Libertarian he advocated that the only legitimate functions of government are police, the courts and the military. He now is involved in the North Texas Objectivist Society and Humanist Fellowship. His wife is a member of the school's PTA and volunteers at the school.

Mr. Croft called Michael Newdow of California a hero for challenging the constitutionality of the Pledge of Allegiance because of the phrase "one nation, under God."

Mr. Croft said his children sometimes feel uncomfortable because of their refusal to say the pledge or sing certain songs he believes promote religion.

"I don't want my children exposed to people telling them the supernatural is real," Mr. Croft said. "I completely reject Judeo-Christian monotheism."

E-mail kunmuth@dallasnews.com