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Busch v. Marple Newtown School District

Updated: December 10, 2009

Description

A Pennsylvania public school invited parents of students in a kindergarten class to come into the classroom and share a talent, game, craft, or story with the class. One of the parents wanted to read a passage from the Bible to the kindergarten students. The school denied her request. The parent sued in federal court, alleging that her First Amendment rights were violated. The district court ruled against the parent. The parent appealed to the U.S. Court of Appeals for the Third Circuit. On October 2, 2007, we filed an amicus brief in support of the school, arguing that the school would have violated the Establishment Clause if it had allowed the parent to read the Bible to a kindergarten class. We further argued that the school had the discretion to prohibit the parent from reading the Bible verses even if the school could have constitutionally permitted the reading to take place. Oral argument was held on May 5, 2008. On June 1, 2009, the Third Circuit ruled in favor of the school, holding that the parent’s First Amendment rights were not violated.

Most Recent Developments

On September 9, 2009, the parent petitioned the U.S. Supreme Court to review the case. The school’s response to the parent’s petition is due November 12, 2009.

 

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