Following the trial Judge’s decision, only a single statement made by Corbett, as alleged by Farnan, was found to be questionable.
“At that point, I stood up and said, “I’ll tell you what. I will sign a statement giving you — you do not have to defend me, but I will not leave John [Peloza] alone to propagandize kids with this religious, superstitious nonsense... John wanted to talk about creation as a science and all that stuff, but you get involved in that argument, you just lose because it’s just nonsense. . . .”
The original law suit made a common error of equating creationism with Christianity. This is nonsense. Unfortunately, Corbett's legal team never challenged this error, and instead argued he had a First Amendment right that allowed him to be critical of creationism/religion. If Crobett, acting as a public employee, were to say as part of his public job that "Christianity is rubbish," or "Islam is rubbish," he would have been in violation of the Constitution, and his contract. To state that young earth creationism is rubbish is merely stating a fact that in no way attacks Christianity, or Islam, or any other religious sect. Where is the Church of Creationism? What are their sacraments? How do I know who is a member of the Church of Creationism?
There are Jewish, and Muslim creationists who maintain the same absurd, and false claims opposing the sciences of biology, geology, and astronomy directly, and even chemistry and physics indirectly, as do the garden variety Christian creationists. There are Neo-pagan, and Animist creationists. There are Native American creationists who insist that all sciences, especially archaeology, were invented merely to suppress Native Americans. There are Hindu creationists who insist that the Earth is infinitely old. So, Corbett's remarks regarding CTREATIONISM cannot be said to be "anti-Christian," and in fact there are thousands of Christian Clergy who reject creationist foolishness as well. Google "Clergy Letter Project."
Non-the-less, Corbett's remarks re: creationism were not directed against any religion in particular. In fact, Intelligent Design creationists try to pretend (unsuccessfully) they are free of any religious motivations.
To say that fear of black cats, or Friday the Thirteenth is superstitious nonsense is merely the truth. So to is saying that creationism is superstitious nonsense merely the truth. Creationism is not a religion. Creationism is not protected any more than fear of black cats, or Friday the Thirteenth, or fear of vaccinations.
At the same time, there is no creationist dogma that is not ultimately reducible to a religious doctrine held by the proponent of creationism. For this reason, creationism is not eligible to be taught in government sponsored, public schools. Creationism is used as a tool by the proponent to advance their personal religion through the coercive power of the State.