An attempt to make the moment of silence in Illinois schools optional failed last week in Springfield.

Activist Rob Sherman of Buffalo Grove was in the state capitol to testify in favor of the measure introduced by Rep. Jim Durkin (R-Western Springs) before the judiciary civil law committee.

“It just defies logic to tell kids in kindergarten to sit back and reflect for moment of silence,” Durkin said. “We just should be doing better things with their time.”

After being banned two years ago, the Silent Reflection and Student Prayer Act was reinstated earlier this year by a federal appeals court which overturned the ban, which had been sought by Sherman and his daughter, Dawn, a student at Buffalo Grove High School. Sherman, an avowed atheist, believes the law is a way to bring prayer into the classroom.

Although five members of the House committee voted in favor of making the moment optional, six votes were needed to pass it on.

Durkin will not be pursuing the bill again this session, he said, because he does not think he can get the votes.

“For some people it was a tough vote,” Durkin said. “I’m not going to string them out on another vote.”

Rep. Sid Mathias (R-Arlington Heights), who serves on the committee, said he voted in favor, because he believes it is a local issue that should be handled by local educators and school boards.

Rob Sherman said he is not done. He is looking for a sponsor in the state senate to repeal the mandatory moment, and is trying to take the case to the U.S. Supreme Court.