Faith Under Fire........
Is Idaho banning the Bible? Appeal to challenge state's censorship of
'religious' books
Posted: June 16, 2010
10:46 pm Eastern
By Bob Unruh
The Alliance Defense Fund has filed a notice of appeal with the 9th
U.S. Circuit Court of Appeals of a trial court's affirmation of an
Idaho state agency decision that it could ban any book, including the
Bible, it determined to be "religious."
"Censoring classical books, including religious books, does not improve
a student's education; it harms it," said ADF Senior Legal Counsel
David Cortman of the filing this week. "A wholesale ban on books with
religious content conflicts with established U.S. Supreme Court
precedent stating that even 'the Bible may constitutionally be used in
an appropriate study of history, civilization, ethics, comparative
religion, or the like.'"
The dispute centers on curriculum plans adopted by Nampa Classical
Academy, which was preparing for its instruction of more than 500
students. Officials obtained approval from the state board of education
in 2008 and then followed up with positive responses from the Public
Charter School Commission as it developed its standards and curriculum.
Then, last year, the state commission suddenly raised objections and
prohibited the academy from using any "religious documents and text" in
its curriculum or in its classrooms, even if used objectively as a
resource.
State officials threatened they would not allow the academy to open if
school officials used the Bible or other religious texts on their
classroom resource list.
The ADF sued, but Judge Ed Lodge dismissed the complaint, ruling that
the commission members "have control over the content of the
curriculum."
His ruling came "despite the fact that numerous public schools
throughout the state and country constitutionally allow the objective
study of the Bible as an education resource," the ADF said.
"Nampa Classical Academy is endeavoring to exercise its right to
provide the best possible education for its students and has decided to
include the Bible, along with dozens of other religious and secular
writings, as resources in its curriculum to enrich instruction of
literature, history, and culture, among other topics," Cortman
explained. "Schools have been doing this throughout American history."
He explained that, contrary to the ruling from the court, the local
school district is assigned by law to make the determination on
implementation of the state's curriculum standards.
He said if the commission's misinterpretation of the law is allowed to
stand, all Idaho public school and university students will be subject
to the ban.
"And the curriculum [the academy] chose, in this case, is fully within
what the U.S. Supreme Court has stated is acceptable and
constitutional," Cortman said. "On these grounds alone, we trust the
decision will be reversed on appeal."