Judge Voids Most Claims in Religious Bias Lawsuit

A San Jose federal judge has tossed out three of four claims made by a fifth-grade teacher in a lawsuit alleging that Cupertino school officials illegally banned him from teaching students about the religious context of America’s founding.

U.S. District Judge James Ware, writing in a 17-page order handed down Thursday, dismissed allegations that Stephen J. Williams’ constitutional rights of religious freedom, free speech and equal protection were violated.

Williams, a self-described orthodox Christian, also said that although other teachers were allowed to use supplemental teaching materials they prepared, he was barred from doing so because he is an avowed Christian. “If he can prove that claim, it would be a violation of the [U.S. Constitution’s] equal protection clause,” Ware wrote.

Williams filed the suit in November against the Cupertino Union School District. He continues to teach at Stevens Creek Elementary School.

His suit set off a storm of controversy in the media after the conservative, Arizona-based Alliance Defense Fund, which has underwritten the lawsuit, issued a press release carrying the headline: “Declaration of Independence Banned From Classroom.”

District officials deny Williams’ charges, and say that the full declaration is incorporated in the Stevens Creek curriculum, a history text and hangs on walls throughout district facilities.

Williams accused Stevens Creek Principal Patricia Vidmar and other district officials of banning him from giving his students supplemental materials he had prepared on the religious context of America’s founding.

Within days of the story’s publication, school officials were deluged by angry e-mail and phone calls. But school officials also have their defenders. A group calling themselves We, the Parents, is pressing the Arizona foundation to correct what it says are incorrect allegations.

Williams’ attorney, Kevin Theriot of the Alliance Defense Fund, said: “The judge kept the primary claim. We’re happy that the judge is letting the case go forward.”