Student sues teacher successfully...

[Whiskey Delta]

SANTA ANA, Calif. — A federal judge ruled that a public high school history teacher violated the First Amendment when he called creationism "superstitious nonsense" during a classroom lecture.

U.S. District Judge James Selna issued the ruling Friday after a 16-month legal battle between student Chad Farnan and his former teacher, James Corbett.

Farnan sued in U.S. District Court in 2007, alleging that Corbett violated the establishment clause of the First Amendment by making repeated comments in class that were hostile to Christian beliefs.

The lawsuit cited more than 20 statements made by Corbett during one day of class, all of which were recorded by Farnan, to support allegations of a broader teaching method that "favors irreligion over religion" and made Christian students feel uncomfortable.

During the course of the litigation, the judge found that most of the statements cited in the court papers did not violate the First Amendment because they did not refer directly to religion or were appropriate in the context of the classroom lecture.

But Selna ruled Friday that one comment, where Corbett referred to creationism as "religious, superstitious nonsense," did violate Farnan's constitutional rights.

Farnan is not interested in monetary damages, said his attorney, Jennifer Monk of the Murrieta-based Christian legal group Advocates for Faith & Freedom.

Instead, he plans to ask the court to prohibit Corbett from making similar comments in the future. Farnan's family would also like to see the school district offer teacher training and monitor Corbett's classroom for future violations, Monk said.

There are no plans to appeal the judge's rulings on the other statements listed in the litigation, she said.

"They lost, he violated the establishment clause," she told The Associated Press in a phone interview. "From our perspective, whether he violated it with one statement or with 19 statements is irrelevant."

In making his decision, Selna wrote that he tried to balance Farnan's and Corbett's rights.

"The court's ruling today reflects the constitutionally permissible need for expansive discussion even if a given topic may be offensive to a particular religion," the judge wrote.

"The decision also reflects that there are boundaries. ... The ruling today protects Farnan, but also protects teachers like Corbett in carrying out their teaching duties."

Corbett, a 20-year teaching veteran, remains at Capistrano Valley High School.

Farnan is now a junior at the school, but quit Corbett's Advanced Placement European history class after his teacher made the comments.

The establishment clause of the First Amendment prohibits the government from making any law establishing religion. The clause has been interpreted by U.S. courts to also prohibit government employees from displaying religious hostility.

Selna said that although Corbett was only found to have violated the establishment clause in a single instance, he could not excuse or overlook the behavior.

In a ruling last month, the judge dismissed all but two of the statements Farnan complained about, including Corbett's comment that "when you put on your Jesus glasses, you can't see the truth."

Also dismissed in April were comments such as, "Conservatives don't want women to avoid pregnancies — that's interfering with God's work" and "When you pray for divine intervention, you're hoping that the spaghetti monster will help you get what you want."

On Friday, Selna also dismissed one of the two remaining statements, saying that Corbett may have been attempting to quote Mark Twain when he said religion was "invented when the first con man met the first fool."

Corbett has declined to comment throughout the litigation. His attorney, Dan Spradlin, did not immediately return a message left Monday by The Associated Press.

Spradlin has said, however, that Corbett made the remark about creationism during a classroom discussion about a 1993 case in which a former Capistrano Valley High science teacher sued the school district because it required instruction in evolution.

Spradlin has said Corbett was simply expressing his own opinion that the former teacher shouldn't have presented his religious views to students.

Farnan's family released a statement Friday calling the judge's ruling a vindication of the teen's constitutional rights.

The Capistrano Unified School District, which paid for Corbett's attorney, was found not liable for Corbett's classroom conduct.

[cigarmanpa]

well it's time for me to find a new job

[Perkascene]

What a sad state of affairs.

When will people realize that evolution and creationism ARE NOT competing theories.

[Perkascene]

well it's time for me to find a new job

Is that because you're going to get into teaching and you think creationism is religious, superstitious nonsense?

[NineseveN]

Good.

School/state officials have no business preaching one way or the other, leave that to the parents and the parish. There are ways to get through the inevitable "but my parents and my priest says" that need not be a violation...but saying what he did, which I honestly agree with, during a lecture using his position of authority within the school, was wrong.

[Philbert]

What a sad state of affairs.

When will people realize that evolution and creationism ARE NOT competing theories.

Most people calling themselves creationists are indeed attempting to compete with evolution.

The court's conclusion seems to be correct on the law because the establishment clause prevents promotion or the disparagement of religion. The trouble is that this puts teachers in a difficult situation. If I started a church of pi = 3 (1 Kings 7:23), what's a math teacher to say?

EDIT: We can take it as read that the teacher in this case is rude and boorish.

[cigarmanpa]

Is that because you're going to get into teaching and you think creationism is religious, superstitious nonsense?

i currently work in the class room and I don't like the precedence this set. where does the line get drawn now? can i get sued for telling a student his work is not acceptable? telling him that he needs to get his but to school before 1230hrs? I don't like where this is going.

[ADerhammer]

I'm glad that the boy and his family only asked that his acts be stopped. Hell they coulda milked thousands off this guy for his statements I bet, but the restrained and just got him to stop, Why can't others show restrain like this when they sue instead of trying to ruin others and make themselves rich?

The teacher had no right to say something pertaining to religion is wrong, if he had an unbiased class discussion that's different, we sometimes get off topic in some of my classes and it's controlled, unbiased and thought provoking not the teacher telling us what we believe in is wrong. Now outside of school I believe he has every right to go out and say why he thinks creationism is wrong. Just not in the classroom, the classroom is for science or thought provoking discussions and debates not fling shit at one belief or another.

Long Live the 1st!

[Atomic Dog]

Good.

School/state officials have no business preaching one way or the other, leave that to the parents and the parish. There are ways to get through the inevitable "but my parents and my priest says" that need not be a violation...but saying what he did, which I honestly agree with, during a lecture using his position of authority within the school, was wrong.

And the opposite should be as well. I've sat in many college classes with bible thumpers. However, I don't think he should have been sued. This could have been settled between him, the student, and the principal. And while he should not be exposing religious views in class that kid needs to grow some thicker skin. People don't have the right to be offended.

[JoeWilliams]

i currently work in the class room and I don't like the precedence this set. where does the line get drawn now? can i get sued for telling a student his work is not acceptable? telling him that he needs to get his but to school before 1230hrs? I don't like where this is going.

Precedent is pretty easy.

You shouldn't be teaching the New Testament in your Science class. Neither should you be preaching against it.

IOW, respect the rights of your students not to have a government agent attack their religion.