Idaho Victory: Federal appeals court rejects Bible-based charter school lawsuit

[cleanhippie]

The Alliance Defense Fund (ADF) lost another battle this week in its ongoing crusade to bring religion into public schools.

The 9th U.S. Circuit Court of Appeals ruled that the Idaho Public Charter School Commission acted constitutionally when it ordered the Nampa Classical Academy not to base its curriculum on the Bible or any other religious texts.

In August 2009, the Commission told Academy officials that using religious literature as primary teaching materials violates the state constitution and would not be permitted.

Article IX, Section 9 of the Idaho constitution is abundantly clear on this point.

It reads in part, “No sectarian or religious tenets or doctrines shall ever be taught in the public schools…. No books, papers, tracts or documents of a political, sectarian or denominational character shall be used or introduced in any schools established under the provisions of this article, nor shall any teacher or any district receive any of the public school moneys in which the schools have not been taught in accordance with the provisions of this article.”

http://www.secularnewsdaily.com/2011/08/19/idaho-victory-federal-appeals-court-rejects-bible-based-charter-school-lawsuit/

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Great news, especially considering where this is. Idaho is a strong religious/conservative state.

[humblebum]

1. I find it interesting that the Court would decide this case on state law

in a federal court, when it appears to be a First Amendment case applicable to the states under the 14th Amendment. However, the outcome probably would have been the same unless religious literature had been introduced as part of a literature or comparative religious course.

[cleanhippie]

2. That is an interesting point, considering the Idaho State Constitution seems pretty explicit

on the subject.

Article IX, Section 9 of the Idaho constitution is abundantly clear on this point.

It reads in part, “No sectarian or religious tenets or doctrines shall ever be taught in the public schools…. No books, papers, tracts or documents of a political, sectarian or denominational character shall be used or introduced in any schools established under the provisions of this article, nor shall any teacher or any district receive any of the public school moneys in which the schools have not been taught in accordance with the provisions of this article.”


I mean, why DID it need to go to Federal Court? My only guess is that since Idaho is a strong religious/conservative State, religious/conservatives there chose to ignore the State Constitution. Thats really how most of these cases get there anyway.

[The Magistrate]

3. Always Wise To Actually Read The Cited Piece, Sir, Before Comment

The petitioner pled to the Federal courts that the state agency's action,dictated by the state constitution, violated the First Amendment of the U.S. Constitution. The Federal court, both district and appellate, have ruled that the First Amendment was not violated, either by the state agency's action,or by the quoted portion of the state constitution. The ruling was that First Amendment's barring government establishment of religion trumps its guarantee of free expression, when the question is whether a public school can incorporate religious teaching in its curriculum.