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Tuesday, June 1, 2004 11:04 p.m. EDT

Same Judge OK'ed Muslim Prayer

The same San Francisco federal judge who just overturned a federal law banning partial-birth abortions also approved of Muslim prayer in schools when federal rulings ban all other denominational prayers and activities.

In a December 2003 decision, U.S. District Judge Phyllis Hamilton decided that it was lawful for a California middle school teacher to require students to recite Muslim prayers, get down on their knees and role-play as Muslim adherents.

As part of the class students were told to recite: "In the name of Allah, the Compassionate, the Merciful. Praise be to Allah, Lord of Creation, The Compassionate, the Merciful, King of Judgment-day! You alone we worship, and to You alone we pray for help, Guide us to the straight path."

The Byron County 7th-grade world history teacher was sued by the parents of one of the students, who claimed that their child had been coerced to engage in a religious practice.

Hamilton, in a summary judgment, ruled that the teacher's actions were legal.

The teacher prepared a student guide which said that as part of the study of Islam "you and your classmates will become Muslims."

According to court documents, the teacher also read the Koran and Muslim prayers out loud in class and required students to recite lines of Muslim prayers in class as well.

Students also were told to recite Islamic prayers as they exited the class, including the Muslim refrain "In the name of God, most merciful, most gracious."

The teacher also assigned students to fast or give up something like TV for a day to experience Islam's month of Ramadan and one of its pillars of faith.

At the end of their Islamic studies, students also were required to write an essay on Islam. But, but the teacher instructed her students, "BE CAREFUL HERE – If you don't have something positive to say, don't say anything!!!"

In her ruling, Judge Hamilton threw out the parents' case, saying the religious role-playing was not tantamount to the exercise of religion and the school activities were not of a devotional or religious nature.

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