WEBSTER V. NEW LENOX SCHOOL DISTRICT (1990)
Ray Webster teaches social studies at the Oster-Oakview Junior High School in New Lenox, Illinois. In the Spring of 1987, a student in Mr. Webster's social studies class complained that Mr. Webster's teaching methods violated principles of separation between church and state. In addition to the student, both the American Civil Liberties Union and the Americans United for the Separation of Church and State objected to Mr. Webster's teaching practices. Mr. Webster denied the allegations. On July 31, 1987, the New Lenox school board (school board) through its superintendent, advised Mr. Webster by letter that he should restrict his classroom instruction to the curriculum and refrain from advocating a particular religious viewpoint.
Believing the superintendent's letter vague, Mr. Webster asked for further clarification in a letter dated September 4, 1987. In this letter, Mr. Webster also set forth his teaching methods and philosophy. Mr. Webster stated that the discussion of religious issues in his class was only for the purpose of developing an open mind in his students. For example, Mr. Webster explained that he taught nonevolutionary theories of creation to rebut a statement in the social studies textbook indicating that the world is over four billion years old. Therefore, his teaching methods in no way violated the doctrine of separation between church and state. Mr. Webster contended that, at most, he encouraged students to explore alternative viewpoints.
The superintendent responded to Mr. Webster's letter on October 13, 1987. The superintendent reiterated that advocacy of a Christian viewpoint was prohibited, although Mr. Webster could discuss objectively the historical relationship between church and state when such discussions were an appropriate part of the curriculum. Mr. Webster was specifically instructed not to teach creation science, because the teaching of this theory had been held by the federal courts to be religious advocacy.**
Mr. Webster brought suit, principally arguing that the school board's prohibitions constituted censorship in violation of the first and fourteenth amendments. In particular, Mr. Webster argued that the school board should permit him to teach a nonevolutionary theory of creation in his social studies class.
B. The District Court
The district court concluded that Mr. Webster did not have a first amendment right to teach creation science in a public school. The district court began by noting that, in deciding whether to grant the school district's motion to dismiss, the court was entitled to consider the letters between the superintendent and Mr. Webster because Mr. Webster had attached these letters to his complaint as exhibits. In particular, the district court determined that the October 13, 1987 letter was critical; this letter clearly indicated exactly what conduct the school district sought to proscribe. Specifically, the October 18 letter directed that Mr. Webster was prohibited from teaching creation science and was admonished not to enage in religious advocacy. Furthermore, the superintendent's letter explicitly stated that Mr. Webster could discuss objectively the historical relationship between church and state.
The district court noted that a school board generally has wide latitude in setting the curriculum, provided the school board remains within the boundaries established by the constitution. Because the establishment clause prohibits the enactment of any law "respecting an establishment of religion," the school board could not enact a curriculum that would inject religion into the public schools. U.S. Const. amend. I. Moreover, the district court determined that the school board had the responsibility to ensure that the establishment clause was not violated.
The district court then framed the issue as whether Mr. Webster had the right to teach creation science. Relying on Edwards v. Aguillard, 482 U.S. 578 (1987), the district court determined that teaching creation science would constitute religious advocacy in violation of the first amendment and that the school board correctly prohibited Mr. Webster from teaching such material. The court further noted:
Webster has not been prohibited from teaching any nonevolutionary theories or from teaching anything regarding the historical relationship between church and state. Martino's [the superintendent] letter of October 13, 1987 makes it clear that the religious advocacy of Webster's teaching is prohibited and nothing else. Since no other constraints were placed on Webster's teaching, he has no basis for his complaint and it must fail.
Webster v. New Lenox School Dist., Mem. op. at 4-5 (N.D., Ill. May 25, 1989). Accordingly, the district court dismissed the complaint....***
For the foregoing reasons, the judgment of the district court is affirmed.
Webster v. New Lenox School District #122, 917 F. 2d 1004
*Introductory material in Background section, preceding
the summary of "Facts," is omitted here.
**Footnote in original refers to definition of "creation science" in Edwards v. Aguillard, 482 U.S. 578, 592 (1987)
***Footnote in original omitted here
Up to the Voices Table of Contents