In Nampa Classical Academy v. William Goesling, a controversial charter school is seeking to overturn a decision by Idaho's charter school commission banning the use of sacred texts in curriculum, thwarting the controversial Nampa school's attempt to use the Bible as a primary text as part of its classical education approach. A federal judge upheld that decision, and yesterday the 9th Circuit Court of Appeals heard arguments in Nampa's appeal of that ruling. The Christian Post reports on one side of the argument:

"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," stated attorney David Cortman, a senior counsel with religious liberties law firm Alliance Defense Fund.

Cortman is urging the court to consider the Bible's historical and cultural presence in American history as well as a Supreme Court ruling protecting the religious book as an educational tool.

On the other side, the state argues that, although the Supreme Court has allowed the use of religious text to be taught in an educational context, use of Scripture as a primary text necessarily promotes one religious view over another, picking between denominational versions – for example – in a way that permits government discretion in restricting its use.

One complicating factor in this case is the fact that Nampa has since closed due to financial troubles, possibly making the case moot. The school is in the process of re-filing its application.

You can hear the 9th Circuit's argument here.