Teacher’s Creationist Stand Termed ‘Anarchy’ : Education: Capistrano School District seeks dismissal of John Peloza’s lawsuit claiming violation of his right of free speech.

Attorneys for the Capistrano Unified School District argued Monday that biology teacher John Peloza is creating “curriculum anarchy” in his efforts to add creationist theory to lessons on the origin of life in his science class.

In the first court hearing in a controversial lawsuit Peloza has filed against the school district, U.S. District Judge David W. Williams listened to attorneys conduct a heated, hourlong debate on whether the theories of creationism and evolution should be taught together.

In his lawsuit, Peloza claims that the district is violating his constitutional right to freedom of speech by preventing him from teaching creationist theory. The district petitioned the court to dismiss the case on the grounds that it was within its rights to reprimand Peloza for failing to follow the state curriculum, which requires teachers to instruct that evolution is the only valid scientific theory on the origin of life.

“This is not Science 520 in Harvard where you can argue the merits of a theory,” said David C. Larsen, the attorney for Capistrano Unified. “This is a primer course in biology to prepare students with basic fundamental instruction in the evolution theory.”

Williams, who will decide whether to dismiss the case based on the district’s arguments, took the case under submission and did not indicate when he would rule.

The case has drawn nationwide attention by pitting educators against Christian groups who argue that the theory of evolution is a religion in itself, which they have dubbed “secular humanism,” and that creationist theory should be given equal time in public schools.

Peloza’s attorney, Cyrus Zal, charged at the hearing that the district is forcing the teacher to “brainwash” his students into believing the “religion of evolution.”

“He is being required to be an agent of the state to establish a religion,” Zal said. “He does not want to substitute creationism (for evolution). He wants to be left alone to teach science.”

But Larsen argued that prior court decisions and the state’s guidelines on science curriculum have determined that the theory of evolution is the “cornerstone of biological science” and not a religious supposition.

“Basically, (Peloza) wants to write the science curriculum,” Larsen said.

Peloza’s lawsuit stems from a district reprimand that ordered him to stop instructing the theory of an “intelligent creator” and to follow the scientific explanation of evolution as recommended by the state curriculum framework.

Zal charged that state framework is faulty in that it requires science teachers to instruct evolution as a fact rather than a theory.

Peloza “dares to question the theory of evolution,” Zal said. “The school district wants him to teach it as a fact, an established religion of secular humanism.”

Larsen dismissed that argument as a “word game” and also told the court that Peloza proselytized in class.

According to a written reprimand entered into evidence, Peloza, a “born-again” Christian, told his biology class that he saw Jesus Christ save his brother and sister. The reprimand also said Peloza quoted extensively from the Book of Genesis during class time.

“During the first semester of the 1990-91 school year, you stated that the Bible was the historical way and that it cannot be proven wrong,” the reprimand alleged. “On more than one occasion since the beginning of the 1990-91 school year, you have stated to your students that the school board won’t let you teach what you want to on creation. In September of 1990, you stated that you were a ‘creationist.’ ”

The reprimand also alleged that Peloza told students that they will go to hell if they are not Christians. At one point, he also graphically described hell to two students, according to the document.

“You explained hell to (the students) as follows: ‘You are constantly burning, your teeth are getting knocked out, you are always suffering, there are demons around you for all eternity, and you can never leave.’ You also stated that, ‘if you do not believe in Jesus Christ, you will burn in hell forever.’ ”

Peloza has disputed the claims made in the reprimand.

During the hearing, Peloza--who took a personal day off from his class to attend--listened quietly and occasionally smiled at his wife. After the hearing, Peloza said he was “dumbfounded” by the district’s arguments against his suit.

“I’ve been doing my job, and that is to teach my students to criticize and analyze for themselves what is out there,” Peloza said.

Zal brought that argument before the court, saying that students are allowed to question teachers of other subjects.

“Are we going to single out just the area of religion?” Zal asked the judge. “That is a gag rule on teachers and students.”

But Williams questioned whether the district had indeed imposed a gag rule on students’ questions about different theories of life.

“I don’t get the impression that the students have been hounding him for information,” Williams said. “I get the impression that he’s been hounding them.”

After the hearing, Peloza said he will appeal if Williams dismisses the suit.