A judge says a Mission Viejo student's lawsuit merits trial

by Ich bin Ala-awkbarph Wed Apr 02, 2008 10:20 am

http://www.ocregister.com/news/lawsuit-corbett-case-1996170-attorney-judge
A judge has said a Mission Viejo student's lawsuit merits a trial, rejecting a move by the school and teacher to dismiss the case.
By SCOTT MARTINDALE
THE ORANGE COUNTY REGISTER

SANTA ANA – A lawsuit filed by a Mission Viejo high school student and his parents against a history teacher they say repeatedly made disparaging and religiously intolerant remarks about Christians during class will go to trial, a federal judge has ruled.

Capistrano Valley High School sophomore Chad Farnan sued his former Advanced Placement European history teacher, James Corbett, in December, alleging the 35-year educator had fostered hostility toward Christians and promoted “irreligion over religion,” violating the establishment clause of the First Amendment.

Corbett’s attorney, Dan Spradlin, asked the court to dismiss the lawsuit on the grounds there was not a sufficient legal case; U.S. District Court Judge James Selna did not agree.

“I believe there’s a plausible case,” Selna said Monday in a Santa Ana courtroom. “… What we face at trial and summary judgment is a different matter.”

When ruling on a dismissal motion, a judge must view the facts of a case as presented as true, a different standard than when ruling on the actual case.

The lawsuit, which seeks unspecified damages and attorney fees, says Corbett typically spent "a large portion of class time propagating his personal views to a captive audience."

by **SheikBen** Thu Apr 03, 2008 8:04 pm

I think it's only fair that if teachers are muzzled when it comes to expressing their religious beliefs, then they must also be muzzled when it comes to expressing their rejection of religious beliefs.

by **Stephanie** Thu Apr 03, 2008 9:58 pm

Did you guys read about the student who got a zero on an AP Art project because he refused to remove a cross and some little bible verse? According to the student and his attorney, the teacher allowed demonic symbols in the works of other students, there is a Buddah on display in the school etc...

I read the article and wondered what that art "teacher" would have graded the works of some of the masters, like Raphael and Michelangelo etc....

by **SheikBen** Fri Apr 04, 2008 5:45 am

Hi Stephanie,

I read about the project and was outraged. I think the teacher had the students sign a document at the beginning of class that the works were not to include religious material. Not only would the masters never have signed such a document, but I wonder if such censorship goes after the secular purpose of art as well. The idea of expressing yourself, your emotions, your dreams, your beliefs, your fears, etc., but having to exclude that part of your life which may well contribute to the above (as it clearly did for this student), is censorship of the vilest sort. Of course I have objections to it as a Christian; I also have objections to it as someone who appreciates the right of self-expression.

by **SheikBen** Fri Apr 04, 2008 5:49 am

And ultimately, I should hasten to add, I'd rather have both the teacher in Mission Viejo AND the Christian teacher be able to express their beliefs, with the abusing of said priviledge resulting in firing from the school board rather than in action by the state. My point is that the same standard must apply. If the Christian is not to proslytize, then neither should the anti-Christian be allowed to speak against the faith.

by **Stephanie** Fri Apr 04, 2008 9:46 am

I find it very disturbing that government run schools are censoring expression. It also upsets me that the schools and their agents won't be respectful to the beliefs of the students they are supposed to be serving.

We have been very fortunate here. Most of the students in my daughter's high school are fundamentalist Baptists, or at the very least the children of fundamentalist Baptists. Although we tried to convince her she would probably find remaining silent on such issues at school, she is her mother's daughter and has not. So most of the other students know she's an agnostic with pagan leanings. This seems to horrify many of them, but some of her teachers have stood up for her.

by **SheikBen** Fri Apr 04, 2008 10:03 am

As well they should. Freedom of expression means nothing if we are going to place limits on it. We might as well say it's "freedom of expression of that which we happen to like."

by **SheikBen** Fri Apr 04, 2008 10:07 am

Incidentally, why encourage your daughter to be silent on such matters? If the fundamentalists are worth their salt, they will respectfully encourage her to accept Christian beliefs, and she will in turn present her case. This may not be as true down in the hollers, but by and large I find people with whom I disagree most enjoyable.

Ziggy will tell you that I am anxious to convert him. He's right, of course, as far as his terms go, although I'd hasten to say that I don't have the power to convert anyone, but rather pray that Jesus would do the converting. We are buds, all the same, I reckon he'd tell you. I think high schoolers are more alike Ziggy and I than you might imagine.

by **Stephanie** Fri Apr 04, 2008 11:21 am

Because she's a kid. We knew she would attend that school for less than 3 years and didn't think it in her best interests to alienate everyone she must deal with for that length of time.

They are kids, and teenagers are frequently vicious and the more extreme parents encourage their teens to stay away from kids like Katie. I think they worry her lack of religion is contagious or something.

Her current plans are to attend UC. Now that school is small and in Charleston but it attracts students from not only other states but other nations as well. I just don't expect her to ever find herself in a setting quite like BHS again.

She's a tough cookie, I'll give her that. She always speaks her mind and in that regard she is fearless. I'm really very proud of that girl.

by **SheikBen** Sat Apr 05, 2008 9:08 am

I really like UC, even though they refused to give me a job. Those bastards.

Teenagers will be vicious, anyway. You know that old saying "if we were blind and had no choice, we'd hate each other by the sound of our voice." Teens will be vicious (I'd call it our "sin nature" on display, whatever you blame it on, those kids will be vicious) and they'll find whatever it takes. I would imagine that child with a hair lip, a stammer, glasses, braces, whatever is persecuted more for those things than for any religious beliefs.

You are correct, though, in that your daughter is a minority, as far as it goes, in the schools. I wish her well on her endeavors (and you and the hubby well on paying for education! Ouch!)

by Aaron Sat Apr 05, 2008 10:07 am

SheikBen wrote:I really like UC, even though they refused to give me a job. Those bastards.

Teenagers will be vicious, anyway. You know that old saying "if we were blind and had no choice, we'd hate each other by the sound of our voice." Teens will be vicious (I'd call it our "sin nature" on display, whatever you blame it on, those kids will be vicious) and they'll find whatever it takes. I would imagine that child with a hair lip, a stammer, glasses, braces, whatever is persecuted more for those things than for any religious beliefs.

You are correct, though, in that your daughter is a minority, as far as it goes, in the schools. I wish her well on her endeavors (and you and the hubby well on paying for education! Ouch!)

Mike,

It's not as bad as it used to be in places like rural Putnam County. There are far more agnostic people on this side of the river then people know about, including my senior this year, Donnie. We may still be in the bible belt but kids aren't being ostracized for not being religious fundamentalist or for not believing like they would have years ago. Agnostics is growing in acceptance among many high school students.

I've encouraged all of mine to make up their own mind and not go on what I believe.

by **SheikBen** Sat Apr 05, 2008 2:22 pm

You can take the Clintons out of Arkansas, but you can't take the Arkansas out of the Clintons.....

Actually, that Bill is from Arkansas (Hillary is from very wealthy Park Ridge, Illinois) and that he is not an axe murderer are his two redeeming qualities.

by **Stephanie** Sat Apr 05, 2008 7:38 pm

Just thinking about paying for college gives me a headache. My middle son is attending CCRI for two years and will then transfer to either Bryant or URI. I'm pulling for URI. Both schools accept CCRI credits, so it's a cheap way to get a 4 year degree.

Kate is another story......usually she says she wants to be a pharmacist. It's difficult to get accepted into a pharmacy program from another school because the openings just aren't there. We'll see what happens. Lately she's been telling me she's thinking biology. I think she's just out to get me sometimes! lol

by Aaron Sat Apr 05, 2008 7:58 pm

If she qualifies for the promise, that's about $4,500 of the tuition.

by SamCogar Sun Apr 06, 2008 6:22 am

Stephanie wrote:Kate is another story......usually she says she wants to be a pharmacist. It's difficult to get accepted into a pharmacy program from another school because the openings just aren't there. We'll see what happens. Lately she's been telling me she's thinking biology. I think she's just out to get me sometimes! lol

Steph, tell her to "go for it", ...... I can almost guarantee ya there will be a "big demand" for new pharmacists ...... iffen the Democrats gets "Government Paid Healthcare" passed. Laughing

.

by **SheikBen** Sun Apr 06, 2008 6:32 am

You will almost certainly see demand increase. I'm told by many that being a pharmacist is the way to go--that it pays very well for comparitively little stress.

by SamCogar Sun Apr 06, 2008 6:43 am

SheikBen wrote:You will almost certainly see demand increase. I'm told by many that being a pharmacist is the way to go--that it pays very well for comparitively little stress.

When they are paying Pharmacists $70K - $90K /year in central WV, ....... ya know it pays well.

.

by **SheikBen** Sun Apr 06, 2008 8:28 am

Can you still buy a small county in WVA for 90,000? God bless the hills.

by **Stephanie** Sun Apr 06, 2008 10:05 am

I can't encourage her too much. She's a teenager and rebellion is oh so enticing. I've found if I encourage the pharm degree she talks about a degree in biology. If I leave it alone, she talks about being a pharmacist. It's so hard for me to keep my lips zipped and I'm sure you all know me well enough to realize that. I'm working really hard at it. lmao

by ziggy Sun Apr 06, 2008 10:25 am

Surely you jest ........................

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