Sep 15, 2011

A Pennsylvania public school invited kindergarten parents to visit the classroom and share a talent, game, craft, or story with the class. A parent named Donna Busch wanted to read a Bible passage to the kindergarten students; the school denied her request.

Busch then sued in federal court, alleging that the school violated her First Amendment by prohibiting her from reading the Bible to the kindergarten class. After the trial court dismissed her lawsuit, Busch appealed to the U.S. Court of Appeals for the Third Circuit.  

In October 2007, we filed an amicus brief in support of the school district. We argued that Busch did not have a First Amendment right to read from the Bible as part of this class exercise, and that in any event the Establishment Clause would have prohibited the school district from allowing the reading of the Bible to students. 

In June 2009, the Third Circuit upheld the ruling in favor of the school district, concluding that Busch had no First Amendment right to read the Bible to students during class.