Will classical Western Civilization texts be banned in Idaho classrooms because they are religious?

ADF attorney available to media after 9th Circuit hears arguments regarding charter school blocked from using books deemed ‘religious’

ADF attorney sound bites:  David Cortman #1  |  David Cortman #2

WHO: ADF Senior Counsel David Cortman
WHAT: Available for media interviews following hearing in Nampa Classical Academy v. Goesling
WHEN: Tuesday, June 7, immediately after hearing, which begins at 9 a.m. PDT
WHERE: U.S. Court of Appeals for the 9th Circuit, William K. Nakamura U.S. Courthouse, 1010 5th Ave., 7th Floor Courtroom, Seattle

SEATTLE — Alliance Defense Fund Senior Counsel David Cortman will be available for media interviews Tuesday at the U.S. Court of Appeals for the 9th Circuit following his oral arguments on behalf of an Idaho charter school contesting a federal judge’s decision last May to dismiss its lawsuit against the state. The suit, Nampa Classical Academy v. Goesling, challenges the Idaho Public Charter School Commission’s full ban on the use of texts and documents deemed to be “religious” even if they are classical books in Western Civilization taught with regard to their literary and historical importance.

ADF attorneys filed suit on behalf of Nampa Classical Academy in September 2009 after the commission threatened to revoke the academy’s charter if it used the Bible or other religious books for any purpose whatsoever as part of the school’s classroom resource list.

“The government’s hyperactive censorship of classical religious texts severely limits the education of students by leaving them with an incomplete understanding of history and their heritage,” said ADF Senior Counsel David Cortman. “A wholesale ban on such books 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.’ On these grounds and others, we trust that the 9th Circuit will reverse the district court’s decision.”

After being in the development process for more than six years, Nampa Classical Academy completed its first year of instruction in 2010 with more than 500 students. It received approval from the State Board of Education in 2008 and received positive responses from the commission at each stage of its development. In 2009, however, the commission voted to prohibit the academy from using any “religious documents and text” in its curriculum or in its classroom--even if used objectively as a curriculum resource.

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. Cortman explained that, contrary to the conclusion of last year’s district court ruling, the local school district--not the charter school commission--is the entity allowed by law to make the ultimate determination on how to implement the state’s curriculum standards.

Attorney Bruce Skaug of Nampa is serving as local counsel in the suit, Nampa Classical Academy v. Goesling.

• Fact sheet on the case