Dismissal of Teacher’s Suit Sought
Attorneys for the Cupertino Union School District asked a federal court to dismiss a lawsuit filed by an “orthodox Christian” fifth-grade teacher who argued that he has a 1st Amendment right to give students handouts about the American founders’ religious beliefs.
In its first legal response to a federal civil rights lawsuit filed by Stephen Williams, a teacher at Steven Creek Elementary, the district cited several previous federal cases in which judges have ruled that teachers can be told what to teach and how they will teach it.
Attorney Mark Davis, who represents the district, cited a 1971 case in which a federal judge ruled that “a school need not tolerate
The elementary school, like all others in the district, has a policy barring instruction that endorses, or appears to endorse, religion.
Williams ignited a controversy in his Nov. 22 lawsuit accusing Stevens Creek Principal Patricia Vidmar and other district officials of forbidding him to instruct students on the religious context of America’s founding.
The Arizona-based Alliance Defense Fund, a conservative legal group, represents Williams. Attorneys for the group did not respond Tuesday to a request for comment on the motion to dismiss their lawsuit.
Williams, who continues to teach at Stevens Creek, declined to comment through the defense fund.
Davis cited other reasons Williams’ suit should be thrown out. A hearing on the dismissal motion is scheduled for March 28 in San Jose federal court.
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