David Croft, who calls himself an "optihumanist," and his wife Shannon have sued Gov. Rick Perry and the Carrollton-Farmers Branch School District, claiming the law amounts of state-sanctioned school prayer, The Dallas Morning News reports. The case was scheduled to go before a federal judge Tuesday in Dallas.

"Moment of silence bills have been popping up in additional states," Croft said in his blog. "To have millions of public school children waste a minute of education each day for a practice that has no secular purpose seems to me like a great sin."

Croft has been battling the schools for years over perceived religious intrusions, including the singing of religious Christmas carols and Hanukkah songs at school concerts. He says a teacher told his son the minute of silence was specifically for prayer.

Officials say if that happened, it was a mistake by the teacher, since the law was carefully written to meet court objections to other laws.