Tenner Johnson LLP Teams With Renowned Constitutional Expert Erwin Chemerinsky in Key Establishment Clause Case

October 30, 2009

RIVERSIDE, Calif., Oct. 30 /PRNewswire/ -- In a case watched closely by constitutional lawyers and scholars, Tenner Johnson LLP will team with Erwin Chemerinsky, Dean and Distinguished Professor of Law at the University of California Irvine School of Law and internationally-renowned expert on constitutional law, in representing James Corbett, Ph.D., a high school teacher found to have violated the Establishment Clause of the First Amendment of the United States Constitution. On appeal to the United States Court of Appeals for the Ninth Circuit, the case will provide crucial guidance on the issues of the establishment of irreligion over religion and religious hostility in the public classroom.

More than 15 years ago, Dr. Corbett objected when John Peloza, a former high school biology teacher and advisor to student Christian study and prayer groups, eschewed the approved evolutionary biology curriculum in lieu of teaching young-earth creationism - the uniquely religious doctrine that the earth was created in six days and is 6,000 years old. Peloza's teachings ignored universally-accepted evolutionary concepts and were belied by the published positions advanced by recognized scientific and educational institutions and professional associations. Dr. Corbett recounted his dispute with Peloza to his AP European History class in the fall of 2007, telling his students what he said 15 years earlier - that he would "not leave John Peloza alone to propagandize kids with his religious, superstitious nonsense."

Student Chad Farnan filed suit in the United States District Court for the Central District of California, alleging that the Peloza statement, and 21 other statements, violated the Establishment Clause by preferring irreligion over religion and creating hostility toward religious adherents. The court found that 21 of 22 statements had a legitimate secular purpose, but held that the Peloza statement violated Farnan's rights under the First Amendment. In subsequent proceedings, the court found that Dr. Corbett was entitled to qualified immunity because he could not have reasonably expected that the Peloza statement alone would violate Farnan's rights.

On October 26, 2009, both Farnan and Dr. Corbett appealed various District Court rulings to the Ninth Circuit. The parties will file their briefs between April 12, 2010 and June 25, 2010.

"We are privileged to work on this important matter with Dean Chemerinsky," said Craig Johnson of Tenner Johnson LLP. "He has rendered a lifetime of service and scholarship on constitutional matters, and his experience will be invaluable. We are likewise thrilled to represent Dr. Corbett, who is an extraordinary educator and tremendous asset to Orange County."

Tenner Johnson LLP is a civil litigation firm with offices in Los Angeles County and Riverside, California. Craig Johnson is the partner-in-charge of the Corbett matter. Attorneys Jean Sedlak and Christian Hickersberger round out the team handling the appeal.

SOURCE Tenner Johnson LLP