Reading, Writing, Religion?

Today the Orange County Register carried an update to an ongoing legal battle over comments concerning religion that were made by a public school teacher. Apparently Erwin Chemerinsky, the dean of the UC-Irvine School of Law and a famous constitutional scholar, will be joining the defense team for James Corbett, the teacher who recently lost his case on summary judgment. At issue is a comment that Corbett made concerning creationism, namely that it was "religious, superstitious nonsense." Both Corbett and Chad Farnan, the student who brought the suit, have appealed to the 9th Circuit.

The case invokes many of the standard arguments that one would expect to see in an issue of this type -- alleged infringement of the establishment clause, offense to the freedom of religion, and transcendance of the permissible bounds of free speech. Predictably, the plaintiff has asserted that Corbett's condemnation of creationism violates the right of students to be free from government hostility toward religion. The basic assumption of the plaintiff is, as Farnan's mother puts it, that "any student should be able to sit in the classroom without having their beliefs attacked." This, of course, is true. No student should ever feel unjustly persecuted for beliefs that he or she holds, and it is well established that the Constitution offers significant protections in this area. What is not clear from the case (or in general) is where one should draw the line between derogating and merely challenging beliefs.

The distinction is important. Our constitutional rights are vital to the preservation of a free society, yet without challenging students to think critically about the world and their own ideology education is little more than a waste of time and resources. A proper balance must be found between these two concerns. On one hand, too much deference to religious beliefs effectively violates the rights of others to free expression and catastrophically inhibits the ability of society to meaningfully engage in constructive discourse. Conversely, too little emphasis on preserving the right of individuals to be free from persecution predicated on their beliefs undermines the notions of liberty and equality -- the foundations of our democratic society. It is very unlikely that this tension can be easily resolved, and it is no wonder that legislatures, courts, and individuals continue to struggle with this question.


Balancing the public interest in the free exchange of ideas against the right of individuals to be free from governmental oppression is difficult, but a genuine balance must be found. Forbidding a teacher from advancing a negative view of creationism is dangerous, because it seems to provide too much deference to religious rights. Why, for instance, should Corbett be prohibited from describing creationism as "superstitious" when (as a history teacher) he is perfectly free to characterize the beliefs of ancient civilizations in the same manner? It is certainly doubtful that such indignant objections would be raised were Corbett to express skepticism that the world was created by the Titans of Greek mythology. Creationism is not distinguished by the presence of convincing proof -- indeed it cannot be proven. The only apparent distinction is that creationism is a Judeo-Christian account of the origin of the world rather than a Norse, Celtic, Egyptian, or Aztec explanation. Why does belief in that particular idea trigger constitutional protection?

While it is vital that constitutional rights be vindicated, it is also important to remember that, in a democratic society, personal religious tenets do not take precedence over our shared political and philosophical ideals. Most religious figures will argue that religion coexists with these values because the fundamental concepts are the same. This is not a completely truthful response, however. Religion does tolerate concepts that are compatible with its dogma, but this is the not the same as saying that democratic values and religious values are the same. After all, it cannot honestly be said that the equality in religion and equality in society are the same. For example, in both Christianity and Islam women occupy distinctly different and unequal doctrinal places -- possessing different rights, responsibilities, and privileges. Without passing judgment on those determinations in the religious sphere, it is not difficult to say that such an overt disparity in everyday United States culture would be considered intolerable.


Obviously there are boundaries that, when crossed, indicate unfair treatment of those with a specific set of beliefs. Other alleged statements by Corbett, such as "Religion was invented when the first con man met the first fool," would certainly seem to fall into this category. This statement goes beyond expressing doubt or inviting students to critically examine an idea; it is unnecessarily acerbic and strongly condemns a system that is likely to be intimately tied to valued beliefs and experiences. It is difficult to see, however, how describing creationism as religious superstition or even nonsensical rises to this level of offense. If conservatives and religious fundamentalists are permitted to cast aspersions on the theory of evolution, why cannot the opposition respond in kind?


Another example is provided by the very group representing Farnan in his suit. The Advocates for Faith and Freedom also argue strenuously against granting equal rights to gay men and women. This position is based on the religious beliefs of the group regarding gender and sexuality, and it is consonant with their particular, strictly tailored, narrow definition of equality. This group is contesting the validity of according a fundamental right to an entire group of people. Similar organizations even contest measures that protect gay men and women against violence and murder on the groups that it might hinder religious speech. Were it not so hypocritical, the fact that Advocates resents such a passive challenge would be downright comical.


Though Farnan's mother stated that her son "had to leave a class that could have helped him get into college," it is unclear what necessitated such drastic action. Corbett's comment (at least the one concerning creationism, which is the current focus of litigation) is not nearly so offensive as to amount to religious persecution. Rather, it is the frank -- though perhaps blunt -- appraisal of a religious theory that is supported by no substantive proof. Discrimination of any sort is unacceptable, but an oversensitivity to legitimate challenges to a system of belief destroys free expression and renders any education meaningless.