Peloza v. Capistrano School District

{{Use mdy dates|date=September 2023}}

{{primary sources|date=June 2012}}

{{Infobox COA case

|Litigants=Peloza v. Capistrano School District

|Court=United States Court of Appeals for the Ninth Circuit

|CourtSeal=Seal of the United States Courts, Ninth Judicial Circuit.svg

|ArgueDate=June 9,

|ArgueYear=1993

|DecideDate=October 4,

|DecideYear=1994

|FullName=Peloza v. Capistrano School District

|Citations=[https://openjurist.org/37/f3d/517 37 F.3d 517] (9th Cir. 1994)
94 Ed. Law Rep. 1159

|Prior=[http://law.justia.com/cases/federal/district-courts/FSupp/782/1412/2185854/ 782 F. Supp. 1412] (C.D. Cal. 1992)

|Subsequent=

|Holding=

|Judges=William A. Fletcher, Cecil F. Poole, David R. Thompson

|PerCuriam=yes

|Concurrence/Dissent=Poole

|LawsApplied=First Amendment

|Keywords={{hlist|Creationism|Evolution|Free speech}}

}}

Peloza v. Capistrano Unified School District, 37 F.3d 517 (9th Cir. 1994),{{cite court |litigants=Peloza v. Capistrano Unified School District |vol=37 |reporter=F.3d |opinion=517 |pinpoint= |court=9th Cir. |date=1994 |url=https://openjurist.org/37/f3d/517 |accessdate=2017-09-05 |quote=}} was a 1994 court case heard by United States Court of Appeals for the Ninth Circuit in which a creationist schoolteacher, John E. Peloza claimed that Establishment clause of the United States Constitution along with his own right to free speech was violated by the requirement to teach the "religion" of "evolutionism". The court found against Peloza, finding that evolution was science not religion and that the Capistrano Unified School District school board were right to restrict his teaching of creationism in light of the 1987 Supreme Court decision Edwards v. Aguillard. One of the three appeals judges, Poole, partially dissented from the majority's free speech and due process opinions.{{cite web|title=Peloza v. Capistrano Unified School District|url=http://www.talkorigins.org/faqs/peloza.html|website=TalkOrigins|accessdate=5 September 2017}} It was one in a long line court cases involving the teaching of creationism which have found against creationists. Peloza appealed to the Supreme Court, which declined to hear the case.