Way Cleared for Christian School’s Suit Against Honig

A federal judge has ruled that a Christian graduate school may proceed with its civil suit against state Supt. of Public Instruction Bill Honig, whom school officials allege has violated the school’s constitutional rights.

In a 14-page opinion, Judge Rudi M. Brewster said that, although the tiny Santee school, the Institute for Creation Research, may not seek monetary damages from Honig and two other education officials, it may seek declaratory relief--in this case, the school’s stated desire to repair its reputation.

“In determining whether declaratory relief is appropriate, the court must . . . be mindful of plaintiffs’ desire for vindication . . .,” Brewster wrote in support of his decision to allow the school sue the officials not just as individuals, but in their official capacity. “It is clear that plaintiffs have alleged sufficient reputational damage to bring into play . . . concern regarding constitutional vindication.”

Officials at the school, which teaches, among other things, that evolution is a myth, called Brewster’s ruling a victory.

“If it hadn’t gone this way, it would have been pretty well over,” said John Morris, the Institute for Creational Research’s administrative vice president, who has spent more than two years battling Honig’s contention that the institute is a religious school, not a scientific one. “We feel it ought to be constitutional for a Christian school to teach science from a Christian perspective. Now we can go to trial.”

In March, 1990, based on a recommendation from a state Board of Education evaluation team, Honig sought to revoke the school’s license to operate because, he said, the institute’s physics, biology, geology and science education curriculum was not as rigorous as other comparable degree-granting institutions. In April, the school filed suit.

Then in November, Honig backed down, citing a technical flaw in the department’s evaluation criteria. He promised that no further action would be taken against the school until this year, when a new 15-member state council took over the task of evaluating post-secondary schools such as ICR.