Anti-evolution instructor's lawsuit thrown out of court
DATE 01/17/92
NEWSPAPER THE ORANGE COUNTY REGISTER
SECTION NEWS
EDITION MORNING
PAGE a01
STORY LENGTH 46 INCHES
HEADLINE Anti-evolution instructor's lawsuit thrown out of court
// Judge says Capistrano district didn't violate
rights in disallowing creationist teachings
BYLINE/CREDIT Dan Froomkin: The Orange County Register
SUBJECT TERMS SCHOOLS:FACULTY:OC:SCIENCE:BIOLOGY:RELIGION:LAWSUITS:RULI
NG:CIVIL LIBERTIES
Ruling that anti-evolution biology teacher John
Peloza does not have "a constitutional right to conduct himself as
a loose cannon," a federal judge on Thursday decisively threw out
the Mission Viejo teacher's lawsuit against his school district.
Peloza, a professed born-again Christian, had argued that the
Capistrano Unified School District violated his constitutional
rights by reprimanding him for teaching that evolution is not a
valid scientific theory and that life, instead, was "created."
But in a strongly worded ruling, US District Judge David W.
Williams dismissed the case before even hearing it, saying previous
court rulings have shown that nothing the district did violated the
Constitution.
Students at Capistrano Valley High School "have a right to be
taught biology without the added comments and religious biases of
plaintiff," Williams wrote.
Peloza "claims he only wants to teach science," Williams wrote,
but "has not comported himself in the manner of one who only wants
to teach science."
Williams also said the district is right to demand that Peloza
not even speak privately of his religious beliefs on campus during
school hours.
"I'm obviously disappointed that things didn't go differently,
but the battle, I believe, has just begun," Peloza said. "We'll
wait and see what happens next."
David C. Larsen, an attorney for the school district, hailed the
judge's ruling.
"This clearly vindicates the district's position," he said.
"It's our position that this type of dispute really does not belong
in either the schools or the courts."
But Cyrus Zal, Peloza's attorney, criticized the ruling as
premature. He said the judge had not properly responded to the
lawsuit's claims, which he maintained have not been addressed by
previous court decisions.
"I'm at a loss after reading this decision," Zal said, adding
that the judge ruled as if the facts of the case already had been
determined.
"To define what John has been doing takes a trial under oath,"
Zal said.
Zal said he will probably file a motion to reconsider, and if
that fails, will appeal -- to the Supreme Court, if necessary.
Peloza, 36, who has said he believes in the biblical story of
Creation, has refused to follow district guidelines describing
evolution as the unifying theory of biology.
Instead, he said, he teaches that scientific evidence disputes
evolution and suggests that life was created. He said he does not
mention the Bible in class.
The lawsuit Zal filed in October said Peloza's constitutional
rights were being violated because being forced to teach evolution
is tantamount to being forced to preach the "religion of secular
humanism." The suit also alleged that Peloza's freedom of speech
was being denied.
On Thursday, Zal said he hopes the suit will lead to a major
test case -- a "reverse Scopes trial." That trial, in 1925, led to
the acceptance of evolution in public schools. Zal has said his
goal is for the courts to rehear the arguments about evolution and
creation.
Since February, when Peloza first received a reprimand for his
teaching tactics, there have been two fundamentally different ways
of seeing the issues at stake.
Peloza and his supporters argued that the theory of evolution is
not universally accepted -- and that, in fact, it is contrary to the
word of God -- and that teaching students that it is a valid
scientific theory is therefore morally wrong, regardless of state
guidelines.
Peloza said he was striving to teach the truth.
But district administrators and their supporters saw Peloza's
actions as blatant attempts to infuse the classroom with religion,
in clear violation of school rules, court precedent and the will of
the majority.
In his 17-page ruling, Williams came down hard on the side of
the administration.
"Teachers do not have a constitutional right to teach or not
teach certain subjects based on their personal views," Williams
wrote. "Teachers must adhere to the provided curriculum, regardless
of their own religious views and practices."
Citing Supreme Court precedents, Williams said evolutionist
theory is not a religion, so forcing an instructor to teach it
does not violate the constitutional ban on official establishment
of religion.
Williams said the school district was "not attempting to chill
plaintiff's speech."
Williams also denied Peloza permission to preach privately to
students on campus during non-class time.
"I don't see this as an instance of students clamoring to him as
a Pied Piper to seek the blessings of his pronouncements," Williams
wrote.
"Rather, it appears that he desires to do a job (of)
proselytizing pupils in his classroom to swell the numbers of those
who will follow him to his lecture during lunch hours."
Williams said Peloza has no right "to go through the back door
when the front door is closed to him."
Capistrano Valley High Principal Thomas Anthony, who issued the
reprimand against Peloza, said he was pleased with the ruling.
"I just wanted him to follow the state framework and
guidelines," Anthony said.
He said it is too early to say how the ruling will affect
district decisions regarding possible further disciplinary action
against Peloza.
State schools chief Bill Honig said he was delighted with the
ruling.
(CHART) Chronology of Peloza case
Fall 1984: John Peloza is hired at Capistrano Valley High School to
teach biology and anatomy.
Feb. 7, 1991: After two parents complain that Peloza is
proselytizing in and out of class, Principal Thomas Anthony issues
a written reprimand. Peloza is directed to "refrain from any
discussion of religion" in class, refrain from making any comments
"about the fact that people who do not believe in Jesus Christ burn
in hell," and "teach evolution as a valid scientific theory."
Feb. 16: Peloza goes public in The Orange County Register. He says
that since he began teaching, he has taught his students that
evolution is not a valid scientific theory, and that life probably
was created by "an intelligent creator." He denies that he
discusses the Bible or his born-again-Christian beliefs in class.
March 15: Below an article written by Peloza, an opinion piece
appears in the Capistrano Valley High School newspaper, Paw Prints,
entitled "Opinion: Religion Dominates Science in Peloza's
Classroom." Senior Emily Long writes that Peloza's teaching is
"simply a code for the Christian version of creationism."
May 31: Peloza files a $5 million claim against the Capistrano
Unified School District, saying the district is violating his
academic freedom and the district, several teachers and the student
newspaper libeled him.
August: The school district rejects the claim.
Sept. 30: Peloza's attorney, saying the result could be a "reverse
Scopes trial," sues in federal court, alleging that the district
violated Peloza's constitutional rights.
Jan. 6: US District Court Judge David W. Williams hears arguments
on the district's motion to dismiss the suit, on the grounds that
courts have upheld the teaching of evolution in public school.
Jan. 16: Williams dismisses Peloza's case, ruling that nothing the
district did violated his constitutional rights, and describing
Peloza as a "loose cannon" that the district was correct to rein in.