Classroom vs. courtroom

In 2007, after a Christian student at Capistrano Valley High School sued a history teacher he accused of mocking religion, we wrote that a lawsuit was a terrible way to resolve classroom disputes. Our concern has been vindicated by a judge’s ruling that the teacher, James Corbett, violated the establishment clause of the 1st Amendment.

Corbett’s comments, recorded by the student, Chad Farnan, strike us as having crossed the line separating provocative statements designed to get students to think and indoctrination in the teacher’s political views. The class was subjected to Corbett’s opinions on hot-button subjects including the failure of abstinence-only sex education and the “homophobic and racist” Boy Scouts. Corbett also said that “when you put on your Jesus glasses, you can’t see the truth.”

But even if a teacher is a blowhard, a court isn’t the best place for a student to seek redress. That’s clear from the opinion rendered by U.S. District Judge James V. Selna. Selna concluded that most of Corbett’s statements had a connection to the teaching of history. For example, the judge noted that the notorious “Jesus glasses” remark “was made in the context of a discussion about how certain peasants did not support [Emperor] Joseph II’s reforms for religious reasons, even though the reforms were in the peasants’ best political interests.”

Yet the judge found that one of Corbett’s statements did violate the Constitution’s ban on an “establishment of religion” -- or, in this case, irreligion: That was his description of creationism as “religious, superstitious nonsense.” Ironically, this is the one comment by Corbett that should deserve the protection of the 1st Amendment. Mainstream scientists, including believers, agree with him. We worry that the judge’s holding on this point will give an opening to creationists, who have been ingenious in trying to undermine science education in public schools.

That isn’t the only problem with the ruling. A proliferation of lawsuits like Farnan’s could discourage teachers more tactful than Corbett from engaging their students in lively discussion. we wrote Farnan’s lawyer said her client isn’t interested in monetary damages but does want the court to order Corbett to refrain from such statements in the future. It would have been better if such a solution could have been negotiated without a trial. Ideally, students and parents with complaints against a teacher would take their grievances to the principal’s office rather than a court. In other words, they should take off their lawyer glasses.