Lawyer: Keep JPL Employee Religious Views Private

The attorney arguing on behalf of in a religious discrimination case argued Monday that some testimony of the space agency's employees should be excluded from press coverage.

The argument came in a pretrial hearing in the case of David Coppedge, a computer specialist who is claiming that he was wrongfully terminated because of his belief in intelligent design. Opening statements in the trial are expected to start Tuesday morning in Los Angeles Superior Court.

On Monday, defense attorney Jim Zapp argued in pretrial motions that media coverage of certain aspects of witnesses' testimony--such as their religious beliefs and whether they pray--should not be disseminated for all the world to know, whether in broadcast, audio, online or print. The Paul Hastings attorney argued the witnesses could feel intimidated and their employee privacy rights could be violated. 

Coppedge is suing California Institute of Technology, which manages JPL for NASA.

According to court documents, Coppedge received a written warning from JPL because his coworkers claimed he was harassing them. He worked as a "team lead" on the Cassini mission exploring Saturn and its many moons, but was demoted in 2009 and lost his job last year. JPL contends that Coppedge was one of 246 employees let go due to budget cuts. 

In terms of media acessibility to witness testimony, Coppedge attorney William Becker said Monday he would rather err on the side of more information, not less. 

Los Angeles Superior Court Judge Ernest Hiroshige allowed video and still cameras in his courtroom, but said he would limit audio and video recording of witnesses testifying about their conversations with Coppedge regarding Proposiiton 8, which banned gay marriage.

Supporting the state ballot measure that sought to limit marriage to heterosexual couples is another reason Coppedge believes he was demoted. He also requested to rename the annual holiday party a "Christmas party."

As for cutting off all media coverage to bits and pieces of testimony, Hiroshige seemed disinclined to accommodate the defense.

"Without some legal authority justifying such further limitations,'' Hiroshige said, he would allow reporting of court proceedings to continue.

Zapp said he would file a brief with the court outlining his argument of employees' privacy rights.

Intelligent design is a theory that holds that certain features of the universe and of living things are best explained by an intelligent cause, not an undirected process such as natural selection, according to intelligentdesign.org. 

In court Monday, Becker argued that the theory gets stigmatized as "religious dogma.'' Rather, he said, "[Intelligent Design] neither falls under the umbrella of religion nor politics.

"It is science,'' he said.

However, Coppedge brought a claim of religious discrimination because JPL treated intelligent design as a religion, and acted against Coppedge on that perception, the plaintiff alleges. 

With the rest of the pre-trial matters handled Monday, opening statements are expected to begin Tuesday.