Hearing Begins in Suit by ‘Born-Again’ Science Teacher

An Orange County high school biology teacher is creating “curriculum anarchy” by adding Biblical creationist theory to science class lessons on the origin of life, school district attorneys argued Monday.

In the first court hearing in a controversial lawsuit that “born-again” Christian teacher John Peloza filed against the Capistrano Unified School District, U.S. District Judge David W. Williams listened to attorneys’ hourlong debate on whether the theories of creationism and evolution should be taught together.

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

In his lawsuit, Peloza claims that the district is violating his constitutional right to free speech by preventing him from teaching creationist theory. The district asked that the case be dismissed on the grounds that it was within its rights to reprimand Peloza for not following state curriculum, which requires teachers to instruct that evolution is the only valid scientific theory of the origin of life.

The case has drawn nationwide attention, pitting educators against Christian groups who argue that the evolution theory is a religion in itself, one 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.”

The suit stems from a district reprimand that ordered Peloza to stop teaching the theory of an “intelligent creator” and to follow the scientific explanation of evolution as recommended by the state curriculum framework.

According to the written reprimand entered into evidence, Peloza told his biology class that he saw Jesus Christ save his brother and sister. The reprimand also said that he 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 said. “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 states that Peloza told students they would go to hell if they were not Christians. At one point, he also graphically described to two students what he believes that hell is like, 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.’ ”

After the hearing, Peloza said he was dumbfounded by the district’s arguments. “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 agreed, saying in court that students are allowed to question teachers in other subjects. “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 court decisions and the state’s guidelines 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.

Williams, who will decide whether to dismiss the case based on the district’s arguments, took the case under submission.