EDUCATION // Instructor sues to teach creationism

DATE                  10/01/91
NEWSPAPER             THE ORANGE COUNTY REGISTER
SECTION               METRO
EDITION               MORNING
PAGE                  B01
STORY LENGTH          20 INCHES
HEADLINE              EDUCATION // Instructor sues to teach creationism   // 
                         Evolution is religion, lawyer says (PM HEAD VARIES)
BYLINE/CREDIT         Dan Froomkin:  The Orange County Register
SUBJECT TERMS         COURTS:RELIGION:EDUCATION:LAWSUITS:OC:SCHOOLS
 
     Saying the result could be "a reverse Scopes trial," an
  attorney for born-again Christian biology teacher John Peloza filed
  suit Monday to keep Peloza from being forced to teach evolution as
  a valid scientific theory.
     In the suit, filed in federal court in Santa Ana, attorney Cyrus
  Zal alleges that teaching evolution establishes the religion of
  "secular humanism" in public schools and is unconstitutional.
     Zal said the case will be about "the dispute between two world
  views." One, according to the suit, is that "life and the universe
  evolved randomly and by chance and with no Creator involved in the
  process." The other is that "a Creator created all life and the
  entire universe."
     In the Scopes trial of 1925, Clarence Darrow argued the case of
  a teacher who taught evolution in violation of a Tennessee law that
  mandated that schools teach the biblical story of creation.
     It was a pivotal case, leading to the eventual acceptance of
  evolution and the move away from teaching creationism in public
  schools.
     Zal and Peloza argue that the shift has gone too far, and they
  want a rehearing.
     "We are inviting all those who subscribe to the theory of
  evolution to come into court and present the evidence that they
  have," Zal said.
     The suit seeks unspecified damages from the Capistrano Unified
  School District and several employees. Peloza, 36, teaches biology
  and anatomy at Capistrano Valley High School in Mission Viejo.
     Capistrano Superintendent James A. Fleming characterized the
  lawsuit as ridiculous.
     "I think it is unfortunate that this district is having to spend
  thousands and thousands of dollars, which we could apply to things
  such as reducing class size or improving the instructional program,
  to have to defend ourselves in a ridiculous lawsuit in a case that
  I think should be clear cut," Fleming said.
     Fleming said that if Peloza does not believe he can teach the
  state-approved science curriculum, which describes evolution as the
  unifying theory of biology, he should look for work elsewhere.
     And Fleming suggested that he will not put the district in the
  position of defending the theory of evolution in the courtroom.
     "The last time I checked, John Peloza worked for us, we didn't
  work for him," Fleming said. "We feel very comfortable with the
  case that we are developing."
     Peloza said the case might not be heard for several years. But
  he said that if the district, which already has reprimanded him
  twice, attempts to fire him, he is ready to seek an injunction.
     "Mr. Peloza has been placed on notice that what has occurred in
  the past is unacceptable and he needs to change it," Fleming said.
     Peloza is due to teach about the origins of life in
  mid-November. He said he will stick to his guns.
     The state requires public schools to teach evolution as a valid
  scientific theory. The theory of creation, it says, belongs only in
  social-science classes.
     But Peloza said he should be allowed to teach as he has in the
  past: that evolution, such as from apes to humans, has not been
  empirically observed and is just a belief.
     He said that although, as a born-again Christian, he believes
  the biblical story of creation, he talks about creation only in
  generic terms.