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US teacher broke law by describing creationism as 'superstitious nonsense'
Judge rules remark was 'improper disapproval of religion' and violated first amendment of US constitution
* Riazat Butt, religious affairs correspondent
* guardian.co.uk, Wednesday 6 May 2009 09.24 BST
A US teenager has successfully won a lawsuit against a teacher who described creationism as "superstitious nonsense".
Chad Farnan, a devout Christian studying at California's Capistrano Valley high school, persuaded a judge that his European history teacher, James Corbett, violated the establishment clause of the First Amendment, which courts interpret as banning government employees from promoting, or displaying hostility towards, religion.
Farnan claimed Corbett made comments that were "derogatory, disparaging and belittling regarding religion and Christianity in particular". In legal documents submitted to the US district court, he said he was uncomfortable going to class and felt as though Corbett had created an atmosphere in which he could not effectively learn "both because and regardless of his religious beliefs".
Farnan's lawyer, Jennifer Monk, who works for a not-for-profit Christian law firm, Advocates for Faith and Freedom, told the Guardian yesterday that Farnan's victory was the first of its kind, proving that the establishment clause applied equally to the disapproval of religion as it did to the promotion of religion.
"It is the first case of its kind where a court has held a teacher responsible for the disapproval of Christianity. It's common for lawsuits to be brought against teachers promoting religion. In general, for years, religion has been taken out of the classroom. I don't agree with that, but if it's going to be taken out, at the very minimum you can't go to the other extreme.
"The [Farnan] family is excited, it's a courageous stand. There were people who were very supportive and there were people who didn't agree with his stand."
Farnan spent almost 18 months gathering material against Corbett, compiling a dossier that featured secret recordings of the teacher's remarks.
However, Judge James Selna found in a 37-page ruling that almost all the statements cited by the plaintiff did not violate the establishment cause, including Corbett's view that "when you put on your Jesus glasses, you can't see the truth" – a reference to peasants who did not support the reforms of the Holy Roman Emperor Joseph II for religious reasons. The judge said the statement was made in the context of an historical discussion. He dismissed other comments by Corbett that "conservatives don't want women to avoid pregnancies — that's interfering with God's work" and that there was as much evidence that God created the world "as there is that there is a gigantic spaghetti monster living behind the moon who did it".
Only one of Corbett's opinions fell foul of the First Amendment – his "unequivocal belief that creationism is superstitious nonsense". Judge Selna concluded that there was no legitimate secular purpose to the statement and it constituted "improper disapproval of religion in violation of the establishment clause".
In his ruling, the judge said he tried to balance the rights of both parties. "The court's ruling reflects the constitutionally permissible need for expansive discussion, even if a given topic may be offensive to a particular religion," he said. "The decision also reflects that there are boundaries. The ruling protects Farnan, but also protects teachers like Corbett in carrying out their teaching duties."
He said the case reflected the tension between the constitutional rights of a student and the demands of higher education, as well as the tension between Farnan's religious beliefs and the need for government, especially schools, to carry out their duties "free of the strictures of any particular religious or philosophical belief system".
Corbett, a teacher with 20 years' experience, remains at Capistrano Valley high school and has made no public comment since the case started.
Added: May 6 2009 In: news_politics
Recorded on: May 6 2009By: allyssa
- Views: 957 |
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Comments - sort by newest to oldest
I don't see how young earth creationism is superstitious. Stupid, ignorant and contradictory sure, but not really superstitious (unless you consider that people who believe that bullshit only do so because they are superstitious that if they don't then they will go to Hell and that the God who loved them so much will stomp on thier skulls all eternity).
Posted Jul-23-2009 by "late_cretaceous" (R)
Since when is magic on the ciriculum?
Ok. Why not let teachers tell kindergartners there's
no Santa Claus, or Tooth fairies. Just come right out
and tell them the truth. Screw their feelings, and the parents feelings.
It's a matter of being sensitive to the students feelings and beliefs.
You illustrated the point very nicely: jesus, god, allah, the Tooth Fairy and Santa Claus, not to mention the Flying Spaghetti Monster and the great JuJu up the mountain are all equally non-existant.
As you point out, it may upset kindergarten-children if you tell them this. But at High School-level you have to expect the pupils to be able to handle the truth and society owes them an insight into the real world.
Therefore you should reserve belief for sundays and teach facts from monday to friday.
Stating that "creationism is superstitious nonsense" is a trivial fact. Screw their parent's feelings.
Posted Jul-29-2009 by "grevgrusom" (R)
wise judge, for a change
Posted May-6-2009 by "keithgeorge1" (R)
Hope you will still think that when a muslim demands his religion is right (in law) too.
Posted May-6-2009 by "allyssa" (R)
"In general, for years, religion has been taken out of the classroom. I don't agree with that"
You mean you don't agree with christianity being taken out of the classroom.
Posted May-6-2009 by "Steve677" (R)
Hope you will still think that when a muslim demands his religion is right (in law) too.
no its not the teachers place to talk about what he thinks about religion.....any of them....that is plain and simple.....that teacher is there to teach not give out opinions
Posted May-6-2009 by "keithgeorge1" (R)
The teacher is correct, creationism is pure nonsense.
Posted May-6-2009 by "WillyWillKill" (B)
Hope you will still think that when a muslim demands his religion is right (in law) too.
no its not the teachers place to talk about what he thinks about religion.....any of them....that is plain and simple.....that teacher is there to teach not give out opinions
In a class about religion the teacher is free to say what he or she thinks about it. This is called free speech, ever heard of that?
Posted May-6-2009 by "WillyWillKill" (B)
Hope you will still think that when a muslim demands his religion is right (in law) too.
no its not the teachers place to talk about what he thinks about religion.....any of them....that is plain and simple.....that teacher is there to teach not give out opinions
Yeah, I'd agree with that.
But I also think the judge should have thrown the case out. His judgement sets a precedent that will only encourage more lawsuits from religious nutters who want to get their own way.
Posted May-6-2009 by "allyssa" (R)
It is absolute nonsense. I agree. But unless the kid was proselytizing or hijacking the lesson with his fairy tales, I would keep my mouth shut.
Posted May-6-2009 by "Steve677" (R)
Hope you will still think that when a muslim demands his religion is right (in law) too.
lol our law or based on crhistian value you wouldn't have the right to say that is it wasn't
Posted May-6-2009 by "knowsmuslims" (R)
lol^
Posted May-6-2009 by "knowsmuslims" (R)
Hope you will still think that when a muslim demands his religion is right (in law) too.
no its not the teachers place to talk about what he thinks about religion.....any of them....that is plain and simple.....that teacher is there to teach not give out opinions
ding ding ding winner^
Posted May-6-2009 by "knowsmuslims" (R)
lol ok what was so incredable that it was able to create itself from nothing that created everything hmmm keep guessing keep believing man?????
wall's are there to keep people that don't want it enough from getting it..
Posted May-6-2009 by "knowsmuslims" (R)
lol ok what was so incredable that it was able to create itself from nothing that created everything hmmm keep guessing keep believing man?????
wall's are there to keep people that don't want it enough from getting it..
Creationism is a pathetic joke.
Posted May-6-2009 by "WillyWillKill" (B)