Grayson Mobley, a 16-year-old student high school student in Angels Camp claims his right to free speech was violated by the Bret Harte Union High School District.
Mobley, a sophomore, says he should have the right to talk about creationism and God in science class.
"The science teacher told the class, 'Leave all notions about God outside the classroom because science is facts and religion is faith,'" Greg Glaser, Mobley's attorney, told FOX40.
In December, Mobley took his complaint to the school board and asked them to change the policy that prohibits discussing religion in science class. He was turned down.
"The issue is that the school board is not respecting the constitution," Glaser said. "The California Constitution as well as the United States Constitution."
The district says the policy was adopted from the California School Boards Association's own policy, which states, "Philosophical and religious theories are based [...] on faith. [...] Such beliefs shall not be discussed in science class."
Instead, the board says, those subjects can be addressed in social science and language arts curricula.
Glaser tells FOX40 his client isn't fighting to put religion in the science curriculum. He just wants to discuss it in class.