Did a first-grade teacher violate Zachary Hood's rights when she barred him from reading a story from the Beginner's Bible?

After a four-year legal battle, we still don't have a final answer. Earlier this month the 3rd Circuit Court of Appeals split 6-6 on the question, leaving in place a lower court ruling in favor of the teacher. Zachary's family will now take their case to the U.S. Supreme Court with the help of the Becket Fund for Religious Liberty of Washington, D.C.

School officials in this New Jersey public school will continue to argue that the teacher had the right to exclude Zachary's story on the grounds that it came from the Bible. The teacher's concern? If a student should read a Bible story to the class, other students might think that the school was endorsing religion.

But the Hood family will continue to insist that Zachary was only fulfilling the teacher's assignment. When the children were told that they could bring a favorite story from home to read aloud to the class, here's what Zachary selected:

"Jacob traveled far away to his uncle's house. He worked for his uncle, taking care of sheep. While he was there, Jacob got married. He had twelve sons. Jacob's big family lived on his uncle's land for many years. But Jacob wanted to go back home. One day, Jacob packed up all his animals and his family and everything he had. They traveled all the way back to where Esau lived. Now Jacob was afraid that Esau might still be angry at him. So he sent presents to Esau. He sent servants who said, 'Please don't be angry anymore.' But Esau wasn't angry. He ran to Jacob. He hugged and kissed him. He was happy to see his brother again."

What do you think? Should teachers be able to exclude stories like this one simply because they come from a religious source?

Both sides in this case invoke the First Amendment to support their opposing positions. The teacher argues that the establishment clause could be violated if the school is perceived as promoting religion. The family responds that censoring Zachary's story denies his free exercise of religion and his free-speech rights.

With all due respect to the teacher (and teachers surely deserve our support and respect), the establishment clause doesn't require keeping religious expression or stories out of public-school classrooms. It requires that teachers neither inculcate nor inhibit religion.

It's hard for me to understand how allowing Zachary to read the story of Jacob and Esau would "inculcate" religion. On the contrary, keeping him from reading the story strikes me as "inhibiting" religious expression protected by the First Amendment.

That's why this small incident has large implications. If the lower court decision supporting the teacher is allowed to stand, it could have a chilling effect on student religious expression in public schools everywhere.

Right now, schools are being advised by the U.S. Department of Education that "students may express their beliefs about religion in the form of homework, artwork, and other written and oral assignments free of discrimination based on the religious content of their submissions."

What happens to these guidelines if Zachary's family loses their appeal? More importantly, what happens to the religious-liberty rights of students in public schools?

Let's hope that the Supreme Court will take this case. And then let's hope that there are at least five justices who will vote to uphold fairness and freedom under the First Amendment.