Farnan Challenges Hostile Teacher In Ninth Circuit
Yesterday, Advocates’ attorneys filed an opening brief in the Ninth Circuit Court of Appeals on behalf of Chad Farnan. While the district court ruled in Chad’s favor stating that his teacher, Dr. James Corbett, violated the Establishment Clause when he stated an “unequivocal belief that creationism is ‘superstitious nonsense,’” the judge held this was the only statement that amounted to a constitutional violation. Advocates has appealed on behalf of Chad because the ruling was far too narrow. Dr. Corbett made numerous comments that we believe expressed his disapproval of Christianity, not just one.
We have asked the Ninth Circuit to expand the district court’s ruling and recognize the unconstitutionally hostile classroom environment we believe the teacher created as a result of the numerous comments he made expressing his disapproval of religion. Dr. Corbett also filed an appeal with the Ninth Circuit, arguing that the district court incorrectly held that he violated the Establishment Clause.
This case was originally filed when Chad was a sophomore honors student at Capistrano Valley High School enrolled in Dr. Corbett’s Advanced Placement European History class. Chad alleged that while teaching the class, Dr. Corbett spent an extended period of time at the beginning of each class discussing topics that were not only irrelevant to history, but also inflammatory and often altogether inappropriate for high school students. As a result of Dr. Corbett’s statements, Chad filed a federal lawsuit in 2007 for a violation of his First Amendment rights.
This case recognizes that far too often the Establishment Clause is invoked when it is perceived that the government is somehow endorsing religion, but is not applied with equal force when the government acts in a manner that is hostile towards religion. The district court judge noted the following: “The Supreme Court’s comments with regard to governmental promotion of religion apply with equal force where the government disapproves of religion.”
As the briefing continues at the Ninth Circuit Court of Appeals, please be in prayer for wisdom and favor with the Court.
This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts! To help us in our ongoing battle for religious freedom, click here to donate to Advocates.
We have asked the Ninth Circuit to expand the district court’s ruling and recognize the unconstitutionally hostile classroom environment we believe the teacher created as a result of the numerous comments he made expressing his disapproval of religion. Dr. Corbett also filed an appeal with the Ninth Circuit, arguing that the district court incorrectly held that he violated the Establishment Clause.
This case was originally filed when Chad was a sophomore honors student at Capistrano Valley High School enrolled in Dr. Corbett’s Advanced Placement European History class. Chad alleged that while teaching the class, Dr. Corbett spent an extended period of time at the beginning of each class discussing topics that were not only irrelevant to history, but also inflammatory and often altogether inappropriate for high school students. As a result of Dr. Corbett’s statements, Chad filed a federal lawsuit in 2007 for a violation of his First Amendment rights.
This case recognizes that far too often the Establishment Clause is invoked when it is perceived that the government is somehow endorsing religion, but is not applied with equal force when the government acts in a manner that is hostile towards religion. The district court judge noted the following: “The Supreme Court’s comments with regard to governmental promotion of religion apply with equal force where the government disapproves of religion.”
As the briefing continues at the Ninth Circuit Court of Appeals, please be in prayer for wisdom and favor with the Court.
This information is provided by Advocates for Faith and Freedom, a non-profit religious law firm dedicated to protecting religious liberty in the courts! To help us in our ongoing battle for religious freedom, click here to donate to Advocates.
Email this page