Farnan v. Capistrano Valley School District

Location: Orange County, California
Court: Ninth Circuit Federal Court of Appeals 

Protecting our students against teachers who use their classrooms as a platform to continually attack Christianity and religion in general

Chad Farnan, a sophomore at Capistrano Valley High School, is taking Advanced Placement European History at this public high school. His teacher, Dr. Corbett, spends a good portion of each lecture attacking Christianity and other religions. In fact, he has specifically stated that "when you put on your Jesus glasses, you can't see the truth." In reviewing hours of statements by Dr. Corbett, we believe he is  violating the Establishment Clause of the U.S. Constitution by attacking religion, particularly Christianity, and creating a hostile environment for religious students. We have filed a lawsuit in an attempt to have the teacher removed from teaching this class and to establish precedent that will put teachers on notice that attacking students' religious beliefs in class is a violation of law.

Following our filing of the First Amended Complaint, the School District and teacher filed a motion to dismiss the case.  In opposing the School District, Advocates emphasized the need to interpret the First Amendment in such a way that protects Chad's right to attend class without being constantly barraged with the teacher's anti-Christian sentiments.

The Judge denied the School District's motion to dismiss.  Subsequently, the California Teachers Association filed a motion with the Court seeking to intervene on behalf of the School District and Dr. Corbett.  The judge has permitted the intervention. Both sides filed a motion for summary judgment, asking the Court to rule in their favor.   On May 1, 2009, the Court issued rendered a first-of-its-kind decision in Chad's favor.     The Judge held that Dr. Corbett did violate the Establishment clause by stating "an unequivocal belief that creationism is 'superstitious nonsense.'"  The Court went on to hold that Dr. Corbett's statement "constitutes improper disapproval of religion in violation of the Establishment Clause." 

Dr. Corbett filed an appeal with the Ninth Circuit Court of Appeals.  Advocates filed an appeal as well, on behalf of Chad, in the Ninth Circuit.  Advocates has asked the Ninth Circuit to broaden the District Court's ruling as we believe that other statements made by Dr. Corbett in the classroom are a violation of the Establishment Clause.  Our opening brief in the Ninth Circuit is due in April, 2010. 

Briefing: