'Declaration' lawsuit proceeds

A federal judge allowed a history teacher's lawsuit to proceed against school-district officials who barred him from providing supplemental handouts to students – including the Declaration of Independence – because the historical documents contain some references to God and religion.

Stephen Williams' claim against officials with the Cupertino Union School District in California was approved by Judge James Ware in San Jose, who wrote in his order "Williams has sufficiently alleged the deprivation of a constitutional right to Equal Protection of the law."

"The judge's ruling means the case will move ahead as we believed it would," said Kevin Theriot senior legal counsel for the Alliance Defense Fund. "We look forward to defending this case in court."

The order [pdf file granted the school district's motion to dismiss in part and denied it in part, ADF said.

As WorldNetDaily first reported, defendant Patricia Vidmar, principal of the Stevens Creek School, reportedly ordered Williams to submit his lesson plans and supplemental handouts to her for advance approval. Aside from Williams, a Christian, no other teachers were subject to the advance-screening requirement, according to ADF.

Deemed as unfit for the students by Vidmar were excerpts from the Declaration of Independence, the diaries of George Washington and John Adams, the writings of William Penn, and various state constitutions.

"Throwing aside all common sense, the district has chosen to censor men such as George Washington and documents like the Declaration of Independence," said ADF Senior Counsel Gary McCaleb in November. "The district's actions conflict with American beliefs and are completely unconstitutional."

McCaleb said less than 5 percent of all of Williams' supplemental handouts distributed throughout the school year contain references to God and Christianity.

California's Education Code does allow "references to religion or references to or the use of religious literature … when such references or uses do not constitute instruction in religious principles … and when such references or uses are incidental to or illustrative of matters properly included in the course of study."

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