Erwin Chemerinsky, Dean of the UC-Irvine law school, signed on to an appeal to the 9th Circuit this week on behalf of a public school teacher. James Corbett was sued by a student for allegedly making disparaging remarks about religion in classroom lectures. A lower court ruled that indeed one of the 22 statements attributed to the history teacher did violate the Establishment Clause, hence the student's constitutional rights.
The student's attorneys also filed an appeal asking the 9th Circuit to reconsider the more than 20 statements the trial judge did not rule unconstitutional.They say they are looking for the court to "more broadly articulate" a "doctrine of hostility" toward religion in public schools.