Moment Of Silence In Schools Unconstitutional?

A family in Texas is suing Governor Rick Perry, and their children's school district over a state mandated moment of silence that directly follows the pledge of allegiance, claiming it's forcing religion on the children.

Now, I'm a fan of separation of church and state as much as anyone but it seems this family is simply pursuing this to make a statement. The family, who has 3 kids in Rosemeade Elementary have argued that the moment of silence amounts to school prayer, and have cited a court ruling in 1980 in Alabama which said that the moment of silence was indeed ruled unconstitutional. Solicitor General Ted Cruz has argued that because the Texas law does not explicitly tell the students what they are supposed to do with the moment of silence, it is not imposing religion on the students. The family has a history of complaints against religious-affiliated words and images in schools, having previously complained about Boy Scout rallies held during school, fliers sent home about Good News Bible Club meetings and the inclusion of "Silent Night" and a Hanukkah song in holiday concerts, according to a Fox News report. A federal court heard the matter Tuesday, and should deliver a ruling within a month.