Wesley R. Elsberry
Posts: 4991
Joined: May 2002
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Peloza v. Capistrano Unified School District
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Peloza is a biology teacher in a public high school, and is employed by the Capistrano Unified School District. He is being forced by the defendants (the school district, its trustees and individual teachers and others) to proselytize his students to a belief in "evolutionism" "under the guise of [its being] a valid scientific theory." Evolutionism is an historical, philosophical and religious belief system, but not a valid scientific theory. Evolutionism is one of "two world views on the subject of the origins of life and of the universe." The other is "creationism" which also is a "religious belief system." "The belief system of evolutionism is based on the assumption that life and the universe evolved randomly and by chance and with no Creator involved in the process. The world view and belief system of creationism is based on the assumption that a Creator created all life and the entire universe." Peloza does not wish "to promote either philosophy or belief system in teaching his biology class." "The general acceptance of ... evolutionism in academic circles does not qualify it or validate it as a scientific theory." Peloza believes that the defendants seek to dismiss him due to his refusal to teach evolutionism. His first amendment rights have been abridged by interference with his right "to teach his students to differentiate between a philosophical, religious belief system on the one hand and a true scientific theory on the other."
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Peloza lost.
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V. CONCLUSION
The district court correctly dismissed Peloza's section 1983 claim based on allegations of a violation of his constitutional rights under the Establishment Clause and his rights to free speech and due process. He failed to allege sufficient facts to state a violation of these rights. The district court also correctly dismissed Peloza's claim under 42 U.S.C. § 1985(3), because he failed to allege facts sufficient to state a violation of those rights; assuming, without deciding, that they fall within the protection of section 1985(3).
We affirm the dismissal of the complaint. We reverse the district court's award of attorney fees to the defendants.
The parties shall bear their own costs on appeal.
AFFIRMED IN PART; REVERSED IN PART.
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The "reversed in part" refers to the matter of attorney fees, where the lower court had treated Peloza's suit as a frivolous lawsuit and ordered him to pay defendants' attorney fees.
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"You can't teach an old dogma new tricks." - Dorothy Parker
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