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Federal Judge Upholds Student’s Religious Liberty 7/24/2009 A recent ruling by a federal judge marked what will hopefully be the end of a two-year chapter in Chad Farnan’s life.
Chad, the son of Concerned Women for America (CWA) Prayer/Action Chapter Leader Teresa Farnan, recently won a successful religious liberty legal challenge against his history teacher at Capistrano Valley High School in Mission Viejo, California.
In 2007, Chad was enrolled in an Advanced Placement European History class taught by Dr. James Corbett, a well-respected but often controversial teacher. In the course of his instruction, Dr. Corbett would frequently make derogatory statements about religion and religious figures. Some statements were related to the topic of study, while others seemed out of place in a history class. Chad took exception to comments such as, “When you put on your Jesus glasses, you can’t see the truth,” and “When you pray for divine intervention, you’re hoping that the spaghetti monster will help you get what you want.”
Chad challenged more than 20 statements made by Dr. Corbett in his lawsuit. After a two-year legal battle, the court ruled that most of Dr. Corbett’s statements were related to the content of his class, but took issue with Dr. Corbett’s statements about creation. U.S. District Court judge James Selna ruled that he could find no legitimate secular purpose in Dr. Corbett’s reference to creation as “religious, superstitious nonsense.” Judge Selna called the comment an “unequivocal belief” and ruled that it “constitutes improper disapproval of religion in violation of the Establishment Clause.”
Reflecting on the events of the last two years, Teresa says, “I can't help but think about an article Dr. Corbett wrote where he referred to my son as an average kid. But that is the beauty of the story. My son is an average kid with a mighty God!”
“I admire Chad because it is a rare 16-year-old who is willing to put himself into the spotlight for the principle of religious liberty at an age when peer approval is generally very important,” says CWA of California State Director Phyllis Nemeth. “He has proved once again that one person can make a difference.”
Teresa praises her son’s steadfast faith during the ordeal. “It has been very painful for our family to watch my son be attacked, not only mentally but also spiritually,” Teresa says. “But my son’s faith never wavered. He never doubted the outcome of this court case, even when 200 students protested at his school in support of Dr. Corbett. Chad exemplified true faith by acting on God's will even when he was afraid.”
“It is still hard for me to believe all that God has brought us through,” says Teresa. “It has been a joy to watch my son grow into a courageous man of God through this experience.”
Although Chad ultimately won the lawsuit, the judge agreed with him only on some points. In the most recent ruling, Judge Selna refused to issue an injunction against Dr. Corbett to prevent him from denouncing religion in his official capacity as teacher. Even if Dr. Corbett continues to teach in the same manner, the Farnan family hopes that this case will set a precedent for other teachers who would disparage their students’ religious beliefs.
Religious liberty advocates celebrate Judge Selna’s ruling because it preserves a student’s right not to be mocked or belittled by his teachers because of his religion. Recent courts have consistently held that schools must remain neutral on the issue of religion, and all comments relating to religion must have a “secular purpose.” In most cases where this principle is applied, the judges have ruled that schools cannot promote a religion. Judge Selna’s decision clearly ruled that this principle also means that schools cannot demonstrate hostility toward a religion either.
The Farnan family hopes that this case will inspire other students to speak up for their rights in public schools. Chad is considering creating a student group to protect students that find themselves in similar situations. “Teachers have teachers’ unions to protect them and their rights, but students don’t have a student union,” Chad told the Christian Examiner, “I think students should have something so that teachers can’t abuse students.”
Dr. Corbett defends his actions, and says he uses provocation to force his students to think. While Chad agrees that he was challenged by Dr. Corbett’s class, he feels that his teacher crossed a legal line with his harsh invectives against religion. “He’s only giving one side — that’s not thinking critically at all,” Chad said in an interview with Fox News. “This might be a college-level class, but it’s in high school, so he doesn’t have the same rights.”
Chad was represented by Bob Tyler and Jennifer Monk of the non-profit legal group Advocates for Faith and Freedom. Since the firm offers its services free of charge, the Farnan family hopes that people who are interested in Chad’s case will make a donation to the Advocates to help offset the legal costs of the case.
For more information about Chad’s case, please visit Chad’s website, http://chadfarnan.com. To learn more about Advocates for Faith and Freedom’s efforts, please visit http://www.faith-freedom.com/pledgeofhope/farnan.
To get involved in CWA of California, go to California.cwfa.org or e-mail director@california.cwfa.org. If you would like to get involved with one of our other fine state organizations, please visit the CWA in the States site.
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