Amicus Briefs Supporting Evolution Disclaimers

Posted 28 April 2005 by

↗ The current version of this post is on the live site: https://pandasthumb.org/archives/2005/04/amicus-briefs-s.html

I’ve gotten a hold of five amicus briefs recently filed in support of the disclaimers placed on Cobb Country, GA biology textbooks.  These briefs have been filed with the 11th circuit court and can be found here along with other documents.

The lowlights:

  1. The states of Alabama and Texas argue that separation of church and state does not exist, that biology books are innately hostile towards religion and thus may require a disclaimer to make them neutral towards religion, that the disclaimers accommodate religious students—Do these states accommodate blind students by requiring all textbooks be in Braille?—and that the disclaimers have no creationist language.

  2. Chemists and other scientists, organized by the Discovery Institute, use the standard (and discredited) intelligent design talking points to argue that “neo-Darwinism” and the “chemical origin of life” are controversial, despite the fact that neither of these things are mentioned in the disclaimer.  (This brief is a reworking of an amicus brief submitted to the trial court.)

  3. Roy Moore and his Foundation for Moral Law argue that the Lemon test is unconstitutional and that First Amendment does not apply in this case because the disclaimers are not a law establishing a state church.

  4. The Alliance Defense Fund argues that there was only one reason that the trial court found against the disclaimer—There were actually several reasons cited by the trial court.—and that the disclaimer should be upheld because it is similar to anti-liquor, anti-homosexual, and anti-choice laws.

  5. Hare Krishnas argue that the disclaimer does not just support Christians, that ruling against it is being hostile towards religion, and that the disclaimer promotes tolerance towards religious people.

85 Comments

Ed Darrell · 28 April 2005

It would be almost impossible to parody.

Is there any possibility that the court will grant credence to those things? Is there a need to get real information to the court via an amicus?

Great White Wonder · 28 April 2005

It is interesting that extremist Christian groups seem to want to equate their religious beliefs with a handicap or a "special need."

I still am waiting to here why it isn't sufficient to allow the children of "offended" parents simply to leave the room while facts about evolutionary biology are presented -- just as atheists' children are entitled to leave the room when the Prayer of Allegiance is recited.

This seems like a much more narrowly tailored approach to the special needs of the children of religious parents, as compared to smearing the work of scientists wholesale.

The children whose parents believe that their religious indoctrination program is interfered with by certain biology classes can present the required (i.e., tested) information to their children at home, providing all the disclaimers deemed necessary.

This approach has the benefit of not smearing scientists and also allowing the children of parents who aren't afraid of certain scientific facts to be educated without being interrupted by scripted queries from their special needs classmates regarding Noah's Ark, "who designed the outboard motor?", "Nazi theory," etc.

Sir_Toejam · 28 April 2005

well, the only problem i see with that is the "etc." part.

exactly where would it stop? every time there is a controversial issue, half the class walks out?

that starts to sound more like support for private schools and vouchers.

RBH · 28 April 2005

GWW wrote

I still am waiting to here why it isn't sufficient to allow the children of "offended" parents simply to leave the room while facts about evolutionary biology are presented --- just as atheists' children are entitled to leave the room when the Prayer of Allegiance is recited.

If biology is taught right, that means they're out for the whole semester. RBH

Great White Wonder · 29 April 2005

Sir TJ

exactly where would it stop? every time there is a controversial issue, half the class walks out

Well, where does this disclaimer garbage stop? There's a slippery slope argument accompanying any solution to any problem. My point is that the issue of how to deal with children of offended parents (or offended children, if it's clear they understand the issues) in public school classrooms has been addressed by the Supremes already. You can make distinctions based on the amount of time out of the classroom if you like. But you can also make distinctions based on what is being taught. In one instance: that our nation is guarded or lorded over by the Christian God. In another instance: scientific facts. Think about it.

Greg · 29 April 2005

I'm in no mood to coddle people rendered ignorant by their religion. I saw Nightline this week, with a story on "exorcism" and another on snake handlers. I saw a bunch of people who were clearly mentally ill, including a pregnant woman endangering her fetus by waving a venomous rattlesnake in front of her belly. And these people were merely extending to their "logical" limits beliefs that every orthodox Christian holds--that incorporeal spirits can interact with and even control bodies; and that a mental state, faith, can affect the physical world. I do not think we owe such viewpoints any respect, because they have repeatedly failed in the "laboratory" of human observation and experience.

ID creationism takes up precisely these two points: that an immaterial god can somehow interact with physical reality (my favorite phrase for this was that God "glued tails onto bacteria butts"); and that our mental states--faith and ignorance--somehow have an impact on empirical facts. I do not think we need to accord these opinions, which are if not insane, at least demonstrably erroneous, any respect whatever.

The difference between science and faith is, if something "works" one time out of a hundred in religion---prayer, say---it is considered a success. And if a scientific theory has one verified anomaly, it must be revamped or abandoned. That is not a standard that should be promoted to impressionable children.

That's not very amicus, but it was brief.

Hamumu · 29 April 2005

What absolutely KILLS me is "the disclaimer should be upheld because it is similar to anti-liquor, anti-homosexual, and anti-choice laws."

So not only are gays discriminated against legally, but now the fact that they are is an argument for other idiocy! It's almost a picture-perfect diagram of a slippery slope! After this they can say "requiring kids to pray in school is similar to the biology textbook sticker", then "having separate schools for the 'faith-challenged' is similar to requiring kids to pray in school", and... well, you know where it goes from there, there are trains and showers involved.

BC · 29 April 2005

Hare Krishnas argue that the disclaimer does not just support Christians, that ruling against it is being hostile towards religion, and that the disclaimer promotes tolerance towards religious people.

Wow. That's such a poor argument. Evolution is not hostile towards religion. It is, however, in conflict with certain religious *interpretations*. If the Hare Krishnas' logic was true, then it would also be "hostile to religion" to teach that germs cause disease if some religious people believe that demons are the only cause of disease -- as some of the early Christian leaders (such as Augustine) and some of the more extreme fundamentalists do. "all diseases of Christians are to be ascribed to demons, chiefly do they torment the fresh baptized, yes, even the guiltless new-born infant". - Augustine If we were to accept this logic, where would it lead us? Ultimately, it leads to the schools never teaching anything that conflicts with any religious belief, no matter how bizaare or backwards (which ends up working as a cover for religion to promote even the most medieval ideas). And if the schools "dare" to teach any of these things, they are accused of being "hostile towards religion".

Great White Wonder · 29 April 2005

What absolutely KILLS me is "the disclaimer should be upheld because it is similar to anti-liquor, anti-homosexual, and anti-choice laws."

A lot of people in the United States are remain shameless when it comes to bigotry. Case in point just reported today http://www.cnn.com/2005/EDUCATION/04/28/supremacist.school.board.ap/index.html

White supremacist running for Montana school board McGuire, who calls himself a "European American activist" and rejects the label of white supremacist, says he believes he has more support in the community than many think. And he says he is committed to reforming Bozeman schools. He says the schools promote homosexuality, strip parents of control over their children, ignore white students and promote other cultures at the expense of figures like George Washington and other founding fathers."

Other than McGuire's special interests, that last paragraph sure sounds like a familiar lament! It's Roy Moore and Focus on the Family redux. Is McGuire a creationist? Not the usual sort we deal with here. Here's a passage from a screed on the National Alliance website. http://www.natvan.com/pub/2002/072702.txt

The entire evolution of life on earth from its beginning some three billion years ago, and in a more general sense, the evolution of the universe over a much longer period before the appearance of life, is an evolution not only in the sense of yielding more and more highly developed physical forms, but also an evolution in consciousness. It is an evolution in the self-consciousness of the whole. From the beginning, the whole, the creator, the self-created, has followed, has in fact embodied, an upward urge -- an urge toward higher and higher degrees of self-consciousness, toward ever more nearly perfect states of self-realization.

The irony is that this is the sort of hate-fueled nonsense that many ID peddlers and creationist apologists often try to argue flows from the teaching of evolutionary biology. But scientists have not identified a "creator" who "embodies" an "upward urge". It's not science education that promotes bigotry. It's asinine ignorant human beings who promote bigotry and abuse science for their own selfish purposes. That most of the loudest-mouthed self-proclaimed evangelicals share many of the same goals as these racist jerks should give them pause.

Great White Wonder · 29 April 2005

I've said it before and I'll say it again: the Schiavo debacle was a major foul-up for the religious extremists and their agenda. It showed the country how freakishly divorced from reality these charlatans are. Blogger Andrew Sullivan, a gay conservative whose opinions on just about everything I disagree with, is waking up:

As Bill Donahue put it: "The people on the secularist left say we think you're a threat. You know what? They are right." Very senior Republicans echo the line that there is a filibuster against "people of faith." This isn't just about gays, although we've felt the sting of the movement more acutely than most. It's about science, stem cell research, the teaching of evolution, free access to medical prescriptions, the legality of living wills, abortion rights, censorship of cable and network television, and so on. The Schiavo case woke a lot of people up. I was already an insomniac on these issues. Maybe I'd be more effective a blogger if I pretended that none of this was troubling, or avoided the gay issue and focused on others. But I'm genuinely troubled by all of it, and by what is happening to the conservative tradition.

http://www.andrewsullivan.com/

Grant Canyon · 29 April 2005

Wow. That's such a poor argument. Evolution is not hostile towards religion. It is, however, in conflict with certain religious *interpretations*. If the Hare Krishnas' logic was true, then it would also be "hostile to religion" to teach that germs cause disease if some religious people believe that demons are the only cause of disease --- as some of the early Christian leaders (such as Augustine) and some of the more extreme fundamentalists do.

BC, you've misunderstood. The Krishnas argue that the decision striking the placement of the stickers is hostile towards religion, not evolution nor the teaching of evolution. They contend that accomodation, and not merely tolerance, of religion is required, and that this decision failed that requirement for various reasons. There is nothing that I could see in their argument that suggests that the teaching of something which a religious group finds offensive is being hostile to religion. In fact, I would recommend anyone interested in this issue to read the briefs themselves, as I don't feel (based on the two that I've looked at) that Reed's encapsulation accurately describes the entirely of the arguments. (No offense to Reed intended, at all.)

Grant Canyon · 29 April 2005

A lot of people in the United States are remain shameless when it comes to bigotry. ... That most of the loudest-mouthed self-proclaimed evangelicals share many of the same goals as these racist jerks should give them pause.

Fight Bigotry...Hate Evangelists! :-)

Nat Whilk · 29 April 2005

Great White Wonder wrote:

It is interesting that extremist Christian groups seem to want to equate their religious beliefs with a handicap or a "special need."

Could you remind me what evidence your assertion is based on?

Great White Wonder · 29 April 2005

Nat

Could you remind me what evidence your assertion is based on?

Sure. It's the use of the term "accomodation", a term that is also used in the context of providing, e.g., ramps and elevators for people confined to wheelchairs.

BC · 29 April 2005

The Krishnas argue that the decision striking the placement of the stickers is hostile towards religion, not evolution nor the teaching of evolution. They contend that accomodation, and not merely tolerance, of religion is required, and that this decision failed that requirement for various reasons.

To be a bit more nuanced, they weren't saying that teaching evolution was hostile to religion, but rather, teaching evolution without providing a convenient escape clause for those who want to ignore it is hostile to religion. Is that correct?

Nat Whilk · 29 April 2005

Great White Wonder:

The term "accommodation" (applied to religion) has appeared in Federal law for over 30 years, long before the ADA, and the concept of religious accommodation in American jurisprudence is, of course, much older. The disabled and the religious are not the only ones that the government makes accommodation for, and among the religious, it is not only Christian extremists who are accommodated. (Jews in the military are permitted to wear yarmulkes, etc.)

Harq al-Ada · 29 April 2005

The difference between accomodating religious dress in government jobs and encouraging ignorance seems obvious. Making kids hear about a theory isn't making them learn it. Hell, if teaching automatically meant learning, our educational problems would be solved. And even if they learn it, they don't have to believe it.

Sir_Toejam · 29 April 2005

"Making kids hear about a theory isn't making them learn it"

perhaps, but it IS encouraging confusion, both about what science is, and what our government is supposed to represent.

when a minority view is forced upon students in a public school, of what value is that?

perhaps only as a lesson in politics, nothing more.

Nat Whilk · 29 April 2005

Harq al-Ada wrote:

The difference between accomodating religious dress in government jobs and encouraging ignorance seems obvious.

Agreed. Now what does this have to do with whether the religious equate their belief with a disability?

Making kids hear about a theory isn't making them learn it. Hell, if teaching automatically meant learning, our educational problems would be solved. And even if they learn it, they don't have to believe it.

This reasoning works for some theories, but not others, right?

Reed A. Cartwright · 29 April 2005

In fact, I would recommend anyone interested in this issue to read the briefs themselves, as I don't feel (based on the two that I've looked at) that Reed's encapsulation accurately describes the entirely of the arguments. (No offense to Reed intended, at all.)

— Grant Canyon
None taken. What is in my post are lowlights, not synoposes.

Great White Wonder · 29 April 2005

Nat

The term "accommodation" (applied to religion) has appeared in Federal law for over 30 years, long before the ADA, and the concept of religious accommodation in American jurisprudence is, of course, much older.

When did the concept of accomodation as applied to religion first appear in American jurisprudence? For what it's worth, I'd love to know where you're headed with this commentary. Stare decisis is nice but novel legal arguments that help to achieve the goal of keeping religious baloney out of public science classrooms are nicer. Got any of those?

The disabled and the religious are not the only ones that the government makes accommodation for, and among the religious, it is not only Christian extremists who are accommodated. (Jews in the military are permitted to wear yarmulkes, etc.)

Let's focus. The issue is not whether government may permit someone to wear religious identifiers in public. The issue is whether the First Amendment (at least) permits the government to affirmatively mislead public school children -- all public school children -- merely because religious parents allege that particular scientific facts contribute to the decay of civilization and interfere with the indoctrination of their children. The gist of the religious parents' argument is that their children require special attention and only with affirmative assistance from the government can their religious indoctrination proceed as the parents want it to proceed. From my perspective, the First Amendment violation is plain as paint unless the parents can show that their children are inherently special and needy -- exceptionally mentally fragile, as it were -- and the teaching of scientific facts contrary to their religious tenets is demonstrably harmful to them (or to society as a whole), as a matter of fact. The disclaimers and stickers and "alternate theories" nonsense allow children of religious parents to take a gentle toddler-friendly escalator ride through a shiny artificial world of biological science, rather than face the moss-covered wooden steps that remain rock solid after more than a century of research. The absurdity of the "accomodation" arguments of these misguided religious extremists is echoed in their references to anti-gay bigotry. The Dobsonite Christians believe somehow that their "religious rights" are being trampled when they are asked to stop spewing garbage about "sick" gay children. What an odd "religion"! Is that the history of religious accomodation in the Judiciary? Allowing people to harass others in Federal buildings simply because they claim that their "religion" requires them to do so? I don't think so. There are no principled reasons to accomodate these ignorant bigots. It simply is not the Federal government's job to preserve their evidently weak faith or their increasingly inconsistent and unintelligible "values".

socrateaser · 29 April 2005

All,

After skimming through the majority of the posted briefs, I think it's appropriate to mention a very important rule of appellate law:

No fact, not introduced at trial, may be considered on appeal.

It occurs to me, that regardless of how well or poorly thought out most of the submitted appellate briefs are, they all suffer from the almost wholesale disregard for the above-stated rule. So, if the appellate judges are doing their respective jobs, then they must ignore every reference to any scientific text, document, journal, etc., that was not offered into evidence during the trial.

This would render most of the offered briefs completely meaningless.

As "position" papers, however, the briefs certainly give you an idea of where the different parties stand on the issues.

I can practically guarantee that the judges considering the merits of this case, will pretty much ignore all of the scientific debate, and concentrate solely on whether the text on the sticker creates an "unnecessary entanglement" between the State and religion. And, I don't really think that the sticker does this -- it's pretty non-committal (and pretty lame).

So, although I find the entire notion of some deity stirring up a mixture of amino acids and dumping it into the atmosphere, absurd, I really think that the scientific community would be better off just letting the public schools teach whatever nonsense they wish to teach.

Because, by standing so solidly against teaching nonsense, you appear to be trying to hide something from the public, which gives your critics lots of useful ammunition -- when in reality, you really have nothing to hide -- and your critics are mostly shooting blanks.

roger tang · 29 April 2005

"I really think that the scientific community would be better off just letting the public schools teach whatever nonsense they wish to teach."

As a matter of self-interest, this would be self-defeating, you know.

Sir_Toejam · 29 April 2005

"It simply is not the Federal government's job to preserve their evidently weak faith or their increasingly inconsistent and unintelligible "values"."

no, but it apparently is in their best self-interests to do so, in order to maintain (or not piss off) their political powerbase.

Sir_Toejam · 29 April 2005

"by standing so solidly against teaching nonsense, you appear to be trying to hide something from the public"

that's funny.

I thought the public relied on science to tell them "the facts" for most things, should science now abandon this mission in favor of random ideas?

If the public thinks scientists are hiding anything, they are certainly welcome to take a closer look. However, without proper grounding in science to begin with... if we allow "the teaching of nonsense" as acceptable, how on earth will they know what they are looking at?

Great White Wonder · 29 April 2005

socrateaser raises the infamous Heddle defense of the disclaimers

concentrate solely on whether the text on the sticker creates an "unnecessary entanglement" between the State and religion. And, I don't really think that the sticker does this -- it's pretty non-committal (and pretty lame).

So what does the sticker do? i.e., why do religious parents want a "non-committal" and "pretty lame" sticker put in biology textbooks?

I really think that the scientific community would be better off just letting the public schools teach whatever nonsense they wish to teach.

Of course! Because we all know that what scientists really want is incredibly stupid and deluded high school graduates with all sorts of idiotic misconceptions about science. What we were thinking?

Sir_Toejam · 29 April 2005

@socrateaser:

you might want to also check the thoughts shared in this thread:

http://www.pandasthumb.org/pt-archives/000949.html

cheers

JimboK · 29 April 2005

If ID is not religious than why is former judge Roy Moore arguing that there is no such thing as the separation of church and state in the U.S. constitution? Just wondering....

Harq al-Ada · 29 April 2005

I was talking about evolutionary theory, not ID.

socrateaser · 29 April 2005

If ID is not religious than why is former judge Roy Moore arguing that there is no such thing as the separation of church and state in the U.S. constitution? Just wondering . . . .

— JimboK
A fair question. The answer is that the Constitution merely states that "Congress shall make no law respecting an establishment of religion." The extremes of legal interpretation of this phrase run the gamut from (paraphrasing): (1) any legislative act regarding religion is permissible, as long as the law does not actually establish a State religion, to, (2) any legislative act that endorses what would otherwise be a religious idea, is impermissible. As you can see, there is wide room for judicial interpretation in all this. Judge Moore certainly appears to be a rather fundamentalist type when it comes to his religious beliefs. And, his Amicus brief to the court pretty much supports interpretation #1, above. Conversely, the District Court Judge who tried the Cobb County case, appears to pretty much support interpretation #2. My reading of Judge Moore's brief tells me that the Judge is not attempting to establish a State Religion, although he "may" be suggesting that there is no actual "separation of church and state," because, as he points out, that's not what the Constitution says. Rather his honor merely wishes that the government accommodate his fundamentalist Christian ideas, rather than reject them in favor of, what he believes to be, an entirely hostile anti-Christian viewpoint. This is not to say that I endorse the Judge's interpretation -- merely that I understand where he stands. Judge Moore takes great pains to point out all of the statements by the Framers of the Constitution concerning their deeply held religious convictions. He fails to point out, however, that many of those same Framers were "Deists," and while they held religious convictions, they certainly were not of the same fundamentalist character that Judge Moore seems to want to ascribe. To wit: "DEAR SIR, -- In some of the delightful conversations with you, in the evenings of 1798-99, and which served as an anodyne to the afflictions of the crisis through which our country was then laboring, the Christian religion was sometimes our topic; and I then promised you, that one day or other, would give you my views of it. They are the result of a life of inquiry & reflection, and very different from that anti-Christian system imputed to me by those who know nothing of my opinions. To the corruptions of Christianity I am indeed opposed; but not to the genuine precepts of Jesus himself. I am a Christian, in the only sense he wished any one to be; sincerely attached to his doctrines, in preference to all others; ascribing to himself every human excellence; & believing he never claimed any other." -- Thomas Jefferson, Letter to Dr. Benjamin Rush (4/21/1803) As you can read for yourself, Jefferson found Jesus to be an excellent "human," but not necessarily the Son of God. Anyway, the point is, that while evolution may be the scientifically correct theory of the development of life on Earth, the Constitution must provide for both those who wish to accept that theory as correct, as well as those who don't. Ces't la vie.

Sir_Toejam · 29 April 2005

... and churches do that job just fine.

"Rev Dr" Lenny Flank · 29 April 2005

(1) any legislative act regarding religion is permissible, as long as the law does not actually establish a State religion, to, (2) any legislative act that endorses what would otherwise be a religious idea, is impermissible. As you can see, there is wide room for judicial interpretation in all this.

Not unless the Supreme Court says there is. And they've already made their decisions. Sorry if fundies don't like those decisions. As they say, tough shit.

Great White Wonder · 30 April 2005

Ok, so the mainstream media is lazy. We know that already. But who weird is this "journalism" -- headline on CNN Online http://www.cnn.com/2005/TECH/science/04/29/human.animal.mixing.ap/index.html

In fact, the Academies' report endorses research that co-mingles human and animal tissue as vital to ensuring that experimental drugs and new tissue replacement therapies are safe for people. The National Academies -- private, nonprofit agencies chartered by Congress to provide public advice on science and technology -- consist of the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine and the National Research Council. Doctors have transplanted pig valves into human hearts for years, and scientists have injected human cells into lab animals for even longer. But the biological co-mingling of animal and human is now evolving into even more exotic and unsettling mixes of species, evoking the Greek myth of the monstrous chimera, which was part lion, part goat and part serpent. In the past two years, scientists have created pigs with human blood, fused rabbit eggs with human DNA and injected human stem cells to make paralyzed mice walk. Particularly worrisome to some scientists are the nightmare scenarios that could arise from the mixing of brain cells: What if a human mind somehow got trapped inside a sheep's head?

I've highlighted what appear to me to be the strangest statements made in this article. Now, I recall recently being a lonely member of the community of persons here who was disturbed enough to admit being so with respect to the scientists trying to create mice with human brains ... nevertheless, it's a bit disconcerting to see this article reported this way ... a hack job, I'd say.

Frying Tiger · 30 April 2005

Particularly worrisome to some scientists are the nightmare scenarios that could arise from the mixing of brain cells: What if a human mind somehow got trapped inside a sheep's head?

Hmm, wouldn't that be a perfect creature for the ID movement? Human sheep! (grin)

socrateaser · 30 April 2005

Not unless the Supreme Court says there is. And they've already made their decisions. Sorry if fundies don't like those decisions. As they say, tough shit.

— Rev Dr Lenny Flank
Yes, the High Court has definitely made its decisions. However, there are two problems with this position: (1) there are frequently four members of the Court (and usually a "swing" vote) who are ready to overturn precedent on a contentious issue, and (2) in the Cobb County case, the text of the sticker is rather well honed to avoid the "unnecessary entanglement with religion" that has caused prior similar cases to fail to pass constitutional muster. I think that if the Cobb County case finds its way to the U.S. Supreme Court, and the bench is composed of the present justices when the issue is considered, that this sticker will probably be ruled constitutional. Fortunately, if this occurs, the scientific community will likely become even more diligent than it already is, in filling any gaps of evolutionary theory with hard facts, so as to render disclaimer stickers re evolution irrelevant.

"Rev Dr" Lenny Flank · 30 April 2005

Yes, the High Court has definitely made its decisions. However, there are two problems with this position: (1) there are frequently four members of the Court (and usually a "swing" vote) who are ready to overturn precedent on a contentious issue, and (2) in the Cobb County case, the text of the sticker is rather well honed to avoid the "unnecessary entanglement with religion" that has caused prior similar cases to fail to pass constitutional muster.

Alas, there are two problems with THIS: (1) the Aguillard ruling was 7-2, which is awfully lopsided for a Supreme Court decision. And several times since, the Court has had the opportunity to review cases that would reconsider the principles in Aguillard and refused, which indicates pretty surely that they don't feel there is anything to reconsider. I think it not impossible that the Court will actually refuse to consider a case involving ID, on the grounds that ID is nothing but creationism, creationism has already been ruled unconstitutional, end of matter. (2) the text of the sticker may indeed have been "intelligently designed" to evade the Aguillard decision, but alas, it doesn't seem to have helped anyway. I think the Cobb decision was very well supported and I see nothing in it that the Supreme Court might object to. For my thoughts on the Cobb decision, see: http://www.geocities.com/lflank/cobbcase.htm I think it's a winner.

socrateaser · 30 April 2005

Alas, there are two problems with THIS: (1) the Aguillard ruling was 7-2, which is awfully lopsided for a Supreme Court decision. And several times since, the Court has had the opportunity to review cases that would reconsider the principles in Aguillard and refused, which indicates pretty surely that they don't feel there is anything to reconsider. I think it not impossible that the Court will actually refuse to consider a case involving ID, on the grounds that ID is nothing but creationism, creationism has already been ruled unconstitutional, end of matter. (2) the text of the sticker may indeed have been "intelligently designed" to evade the Aguillard decision, but alas, it doesn't seem to have helped anyway. I think the Cobb decision was very well supported and I see nothing in it that the Supreme Court might object to.

— Dr Rev Lenny Flank
Thoughts : Justices Scalia and Rehnquist dissented in Aguillard, and Aguillard was a much more obvious case of "creationism" than is Cobb County. Justice Thomas will almost certainly support Scalia's position (because he almost always does, no matter what the issue). Rehnquist may not survive his cancer, but you can bet that his replacement, if appointed by G. Bush, will also support a reversal of Aquillard. So, there's three fairly certain votes. O'Connor supported Aquillard, but not the portion of the decision affirming the Lemon test. Instead, she joined Justice Powell in advocating that in order to violate the establishment clause, a statute's promotion of a religious view must "predominate" the statute. The Cobb County language avoids this problem, so now there are four votes in favor of review, and four votes are all that is needed in order to force the High Court to order a review. So, review of Cobb County is a practical certainty. The swing vote, will be Justice Kennedy, who is a Roman Catholic, but who is also no religious fanatic. I see no means of determining his position in advance. Anyway, from my vantage point, the case seems a much, much closer call than you are suggesting. :)

Sir_Toejam · 30 April 2005

@socrates:

"Fortunately, if this occurs, the scientific community will likely become even more diligent than it already is, in filling any gaps of evolutionary theory with hard facts, so as to render disclaimer stickers re evolution irrelevant."

look, you obviously don't understand.

1. whatever "gaps" exist are far overblown by those who don't understand the science.

2. evolutionary theory is MORE solid than general relativity. there is MORE evidence to support this theory, and more legitimate tests to attempt to disprove it, than any theory in history.

3. At the current rate of decline in funding for science overall, why on earth would you think it to be a good thing to suggest that more religious belief would somehow "strengthen" science??

your ignorance of the issue is astounding.

Great White Wonder · 30 April 2005

socrateaser

Aguillard was a much more obvious case of "creationism" than is Cobb County.

So what? Creationism isn't unconstitutional. It's the entanglement that is the problem. Religious groups demanding that scientific facts be diluted and misrepresented in order to "protect" their indoctrination programs is entanglement.

Ed Darrell · 30 April 2005

Aguillard supported a summary judgment in the District Court in Louisiana, which was based wholly on the facts determined in McLean. In the Arkansas trial there was no science backing creationism -- and each and every one of the creationists deposed noted that creationism was based in scripture. But following the decision, it becomes clear that all that is necessary for real science to make it into the textbooks is to be science, come up with hypotheses, test them, and publish the results.

One can dispute whether a simple lack of results is firm indication of religious intent, but the reality is that, were there science, there would be no difficulty in getting into the textbooks. Were there science, no legislation would be necessary, not from a school board, not from a state legislature, not from Congress.

Legislation is only necessary to get religious stuff in the science books.

The board in Dover ordered it into the curriculum? What more proof is required? The board in Cobb County ordered the stickers? What more powerful evidence of religious bent could be possible?

The more I think about it, the more I think that perhaps Dickson v. Settle is a more apt precedent -- in that case, the courts held that there is no free speech right to get out of doing one's homework.

ID hasn't done its homework. It has no right to claim a passing grade for work not handed in.

socrateaser · 30 April 2005

your ignorance of the issue is astounding.

— sir_toejam
Perhaps. But, I'm on your side and if I'm ignorant, then so are a lot of other well-educated people who are also on your side. So, maybe you need to reconsider how you deliver your message, because it is apparently not getting through as well as you would like. :)

"Rev Dr" Lenny Flank · 1 May 2005

Anyway, the point is, that while evolution may be the scientifically correct theory of the development of life on Earth, the Constitution must provide for both those who wish to accept that theory as correct, as well as those who don't.

No it doesn't. As the Supreme Court pointed out in the Epperson case (and reaffirmed in Aguillard): "(T)he First Amendment does not permit the State to require that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma. . . . The Establishment Clause, however, 'forbids alike the preference of a religious doctrine or the prohibition of theory which is deemed antagonistic to a particular dogma.' "

socrateaser · 1 May 2005

No it doesn't. As the Supreme Court pointed out in the Epperson case (and reaffirmed in Aguillard): "(T)he First Amendment does not permit the State to require that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma . . . . The Establishment Clause, however, 'forbids alike the preference of a religious doctrine or the prohibition of theory which is deemed antagonistic to a particular dogma.' "

— Dr Rev Lenny Flank
Supreme Court dicta may be found to support and/or oppose just about any position -- and, the art of making a convincing appellate legal argument is all about doing just that. My prediction, at the moment is merely, that if asked, that the High Court will allow review of Cobb Couny case. Time will tell.

"Rev Dr" Lenny Flank · 1 May 2005

Supreme Court dicta may be found to support and/or oppose just about any position

Find one that supports teaching religious doctrine as science.

socrateaser · 1 May 2005

Find one that supports teaching religious doctrine as science.

— Rev Dr Lenny Flank
There is no reason to conduct such a search. I concede the point that there is likely no reported case decision to support a constitutionally permitted religious indoctrination via the public schools. But, it is not clear to me that the language of the Cobb County sticker is a naked attempt to teach religious indoctrination, and that is the only real "legal" issue. You are entitled to believe to the contrary. And, the District Court Judge found in your favor. However, reasonable people could read the sticker and infer only that its purpose is to suggest more critical examination of the questions surrounding evolutionary theory -- whatever those questions may be. To my mind, the Cobb County sticker is so weakly written that it achieves no substantive advantage that can actually be used by anyone to teach creationism or ID as a valid scientifc theory (whatever that theory may be). The scientific community can win the Cobb County battle in the classroom -- it doesn't need to win it in the courtroom. But, ya'll wanna fight about it -- so have at it and we'll see how it turns out. :)

Sir_Toejam · 1 May 2005

look - why do you the "wedge document" is named so?

you are falling to the very same argument the IDers themselves use.

Sir_Toejam · 1 May 2005

er, add "think" after "you"

"Rev Dr" Lenny Flank · 1 May 2005

But, it is not clear to me that the language of the Cobb County sticker is a naked attempt to teach religious indoctrination

The history of the bill (and indeed the history of the **entire anti-evolution movement since the 1920's**) shows pretty clearly that it IS nothing but a naked attempt to teach religious indoctrination. As was creation "science". As is intelligent design "theory". As is "teach the controversy".

"Rev Dr" Lenny Flank · 1 May 2005

However, reasonable people could read the sticker and infer only that its purpose is to suggest more critical examination of the questions surrounding evolutionary theory --- whatever those questions may be.

But why single out "evolution" for this. Why isn't anyomne pressing to have stickers urging "more critical examination" of the germ theory of disease, or global warming, or plate tectonics, or any other area of science? Or heck, why doesn't it urge "critical examination" of something that would actually be USEFUL to critically examine, like political campaigns or advertising commercials? If singling out "evolution" for this "critical examination" is NOT simply caving in to the desire of fundamentalist religious nuts who have always opposed evolution, then why IS evolution alone being singled out? Why doesn't the sticker simply read "You should critically examine everything you hear about everything."

socrateaser · 1 May 2005

But why single out "evolution" for this. Why isn't anyone pressing to have stickers urging "more critical examination" of the germ theory of disease, or global warming, or plate tectonics, or any other area of science? Or heck, why doesn't it urge "critical examination" of something that would actually be USEFUL to critically examine, like political campaigns or advertising commercials? If singling out "evolution" for this "critical examination" is NOT simply caving in to the desire of fundamentalist religious nuts who have always opposed evolution, then why IS evolution alone being singled out?

— Dr Rev Lenny Flank
LOL! Maybe you've hit on something. The scientific community appears to view itself as holding the majority position concerning Evolution. But, is this view really accurate? Maybe "On the Origin of the Species" is the real "wedge" document, and evolutionary theory is singled out by religious groups for attack because it is such an extraordinary general triumph of reason over ignorance -- conducted by a small minority of society who does not blindly subscribe to religious fundamentalism. Isn't America a de facto Christian theocracy, and, the USA no less a fanatic Christian nation than Iran is fanatically Islamic? We are, after all, currently carrying on a second "Crusade" in the Middle East, at this very instant, aren't' we? The majority of the U.S. people do not accept Evolution as truth. Instead, the average person believes that 2,000 years ago, an uncharacteristically white looking Hebrew gentleman, with really long, straight hair, routinely defied the most fundamental laws of physics on a daily basis, apparently by application of will alone. If anyone needs proof of this assertion, just read the box office receipt numbers for Mel Gibson's recent movie, "The Passion of the Christ." Perhaps Evolutionary teaching has survived in our public schools only because the Constitution's "establishment clause" has fortuitously protected what is still today a minority of the populous (i.e., the scientific community) in their steadfast dedication to the search for truth. In short, you're all twisted around in your underwear, and you need to fight the argument, not as if you are in the majority, but rather, as if you are still the persecuted minority -- because, actually -- you are! "The jury's still out on Evolution." -- U.S. President George W. Bush :)

Sir_Toejam · 1 May 2005

"The majority of the U.S. people do not accept Evolution as truth. Instead, the average person believes that 2,000 years ago, an uncharacteristically white looking Hebrew gentleman, with really long, straight hair, routinely defied the most fundamental laws of physics on a daily basis, apparently by application of will alone."

not true. check the gallup poll results for the last 20 years. the number is significant, but not a majority.

moreover, the people pushing AGAINST evolutionary theory (YEC's) are far in the minority. they just scream louder.

"If anyone needs proof of this assertion, just read the box office receipt numbers for Mel Gibson's recent movie, "The Passion of the Christ.""

lol. that's some "proof" alrighty. has NOTHING to do with people wanting to see a controversial movie, or folks who simply like to see gore ont the screen.

"The jury's still out on Evolution." --- U.S. President George W. Bush

what a silly soundbite. that boy has no clue what he is talking about half the time. Although, his own scientific advisor accepts evolutionary theory.

your "reverse wedge" argument isn't even worthy of a chuckle.

socrateaser · 1 May 2005

"The majority of the U.S. people do not accept Evolution as truth. Instead, the average person believes that 2,000 years ago, an uncharacteristically white looking Hebrew gentleman, with really long, straight hair, routinely defied the most fundamental laws of physics on a daily basis, apparently by application of will alone." not true. check the gallup poll results for the last 20 years. the number is significant, but not a majority. moreover, the people pushing AGAINST evolutionary theory (YEC's) are far in the minority. they just scream louder.

— sir_toejam
Damn, you're a tough sell! OK, I have checked the polls, and I find that my argument is reasonably well supported -- certainly worth a "chuckle." To wit: "November 19, 2004 Third of Americans Say Evidence Has Supported Darwin's Evolution Theory Almost half of Americans believe God created humans 10,000 years ago by Frank Newport Only about a third of Americans believe that Charles Darwin's theory of evolution is a scientific theory that has been well supported by the evidence, while just as many say that it is just one of many theories and has not been supported by the evidence. The rest say they don't know enough to say. Forty-five percent of Americans also believe that God created human beings pretty much in their present form about 10,000 years ago. A third of Americans are biblical literalists who believe that the Bible is the actual word of God and is to be taken literally, word for word." Source: http://www.gallup.com/poll/content/login.aspx?ci=14107 :)

Sir_Toejam · 1 May 2005

one, i said your "reverse wedge" argument was silly.

two, the numbers you put up support what i said:

"ALMOST half of Americans believe God created humans 10,000 years ago"

that's not a majority, tho it is significant, and you would also find that number being less when you include.. ". A third of Americans are biblical literalists "

so there isn't a majority now, is there.

what, did you think i mentioned the poll because i hadn't read it?

you're being silly. make some sense in your next post, as i see no reason to continue as it is now.

"Rev Dr" Lenny Flank · 1 May 2005

The majority of the U.S. people do not accept Evolution as truth.

But then, a majority of the US people accept flying saucers, ESP, alien abductions, Bigfoot and the Lost Continent of Atlantis, too. We are, in effect, a nation of morons.

"Rev Dr" Lenny Flank · 1 May 2005

Only about a third of Americans believe that Charles Darwin's theory of evolution is a scientific theory that has been well supported by the evidence, while just as many say that it is just one of many theories and has not been supported by the evidence. The rest say they don't know enough to say. Forty-five percent of Americans also believe that God created human beings pretty much in their present form about 10,000 years ago. A third of Americans are biblical literalists who believe that the Bible is the actual word of God and is to be taken literally, word for word."

Alas, science isn't decided by popular vote. And neither are legal precedents.

frank schmidt · 1 May 2005

Those of us who teach science to nonscientists recognize that the problem isn't only about evolution. Most people believe, e.g., that Wile E. Coyote goes off the cliff in a straight line until he stops to notice that he is in thin air, then falls straight down, and when pressed, also believe that Earth is stationary and the Sun revolves around it.

That doesn't stop them from supporting the Space Program. The big problem with evolution is that it has religious overtones to some people, and that they fear that if any little bit of their belief system is overturned, then all of it will crash. Ken Miller has a story in his book where he got a creationist to admit he was wrong, only to find him repeating the same stuff next chance. His conclusion: he reckoned the cost of logic was too high, and that all his beliefs about morality, etc., would be lost if he didn't believe in a literal Genesis. That's why the religious component of the pro-science movement is so important - the seats in the pew won't believe that an atheist is right about anything, because they fear having to admit that s/he is right about other things.

Sir_Toejam · 1 May 2005

"We are, in effect, a nation of morons."

damn straight! makes me want to go have a pint right now (or several). then at least i'd have an excuse.

where is the PT pub?

Stan Gosnell · 2 May 2005

I thought the PT was a pub.

The Panda's Thumb is the virtual pub of the University of Ediacara.

spencer · 2 May 2005

But why single out "evolution" for this. Why isn't anyomne pressing to have stickers urging "more critical examination" of the germ theory of disease, or global warming, or plate tectonics, or any other area of science? Or heck, why doesn't it urge "critical examination" of something that would actually be USEFUL to critically examine, like political campaigns or advertising commercials?

Personally, I think the best candidates for these types of stickers are pretty much all the economics textbooks I have ever read . . .

Colin · 2 May 2005

Socrateaser, your vote-counting seems accurate to me. I certainly agree that Cobb would be a much closer case than Aguillard, and I would not be surprised if the Court, having taken the case, allowed the stickers. I would be surprised, though, if the Court took the case in the first place.

Don't you think that there would need to be either a circuit split or a notably objectionable appellate ruling before the case came up for review?

Great White Wonder · 2 May 2005

socrateaser

you need to fight the argument ... as if you are still the persecuted minority

Specifics, please.

socrateaser · 2 May 2005

Socrateaser, your vote-counting seems accurate to me. I certainly agree that Cobb would be a much closer case than Aguillard, and I would not be surprised if the Court, having taken the case, allowed the stickers. I would be surprised, though, if the Court took the case in the first place. Don't you think that there would need to be either a circuit split or a notably objectionable appellate ruling before the case came up for review?

— Colin
I think that something that has just happened today, may render Cobb County almost inconsequential, and that the U.S. Supreme Court may refuse to review Cobb regardless of the 11th Circuit opinion, at least until what is shaping up to be a real barn burner in Kansas, gets through the lower courts. What I'm getting at is that one of the Kansas School Board members today, expressed her dismay over attorney Pedro Irigonegaray's refusal to produce an advance list of pro-evolution witnesses for the coming evolution vs. creationism debate before the board, between Irigonegaray and John Calvert. The Board has expressed a desire to "pray" over the matter, and so they want to know the witnesses' names. Apparently, they believe that they can get God to intercede and influence the outcome of the debate. Now that is REALLY some intelligent design at work! I think perhaps the pro-evolution side should consider bringing in a voodoo priest and then ask the School Board members for some hair and nail clippings in return for the advance witness list! Anyway, the Board's prayer-related statement demonstrates substantial evidence of a religious agenda in the Board's promotion of intelligent design as part of public school curriculum, and radically changes the legal character of the Kansas School Board hearings. In my opinion, this is a legal blunder by the Board of significant proportion (i.e., they've just blown their entire court case, based on existing precedent). In the debate itself, I'm hoping that this Irigonegaray knows his facts, because Calvert is an extremely adept opponent of evolutionary theory. But, Irigonegaray immediately expressed his concern about the Board's prayer rationale, and so, at least he is paying attention to the evidence that will be required for an appeal of the School Board's final ruling -- which will, no doubt, support the ID/creationist position. Anyway, having said all this, I'm thinking, that depending upon timing, that Cobb may never get to the High Court, because this Kansas case will be used instead to resolve the various outstanding controversies. Predicting the future outcomes of future court actions, like Cobb, is just too tough. I'll stay well clear of speculation here beyond my initial vote count. :)

socrateaser · 2 May 2005

Correction to post #27716: The Kansas School Board's stated intent to "pray" over the pro-evolution witness list, apparently occured prior to an article appearing in the "Lawrence Journal-World" on 4/20/05. I didn't notice this article until today, and I neglected to look at the date prior to posting my thoughts.

Regardless, my analysis remains the same.

Great White Wonder · 2 May 2005

socrateaser

Anyway, the Board's prayer-related statement ... radically changes the legal character of the Kansas School Board hearings.

No it doesn't. Not at all. Where have you been?

socrateaser · 2 May 2005

I may be behind the curve on the timeline of events, but when I say that the legal character is changed by such a statement made by the school board members, of their intent to pray over the witness list, I believe that is correct. The statement can be inferred as an a legal admission, i.e., a statement by a party against his/her interest, that will be presumed to be true at trial. And it is reasonable to infer that if two of the three board members are intent on praying over the witness list, that the school board is prejudiced in favor of a school curriculum favoring a religious view of creation in the science classroom.

This makes the outcome of a future Kansas case to strike down a decision by the Board to teach the creationist/ID viewpoint a practical certainty. The debate will not matter. Legal precedent will force a court to strike down the Board's findings as predominated by a religious motivation, because the Board has inferred its religious motivation on the public record.

Anyway, I apologize if my comments are old news to you. Hopefully, someone will find them useful.

"Rev Dr" Lenny Flank · 2 May 2005

Anyway, the Board's prayer-related statement demonstrates substantial evidence of a religious agenda in the Board's promotion of intelligent design as part of public school curriculum, and radically changes the legal character of the Kansas School Board hearings. In my opinion, this is a legal blunder by the Board of significant proportion (i.e., they've just blown their entire court case, based on existing precedent).

No kidding. As I've always said, if you jsut let the fundies talk long enough, they will metaphorically shoot themselves in the head. Every time. THAT is the single biggest flaw in the entire Wedge strategy --- it requires religious nuts to remain utterly silent, indefinitely, on the one topic that they care about more than any other, lest they give the whole game away. It is an impossible task for them.

Sir_Toejam · 2 May 2005

"I think perhaps the pro-evolution side should consider bringing in a voodoo priest and then ask the School Board members for some hair and nail clippings in return for the advance witness list! "

now THAT's something i can get behind. the imagery alone would be worth it!

Great White Wonder · 2 May 2005

socrateaser

And it is reasonable to infer that if two of the three board members are intent on praying over the witness list, that the school board is prejudiced in favor of a school curriculum favoring a religious view of creation in the science classroom.

That's quite an inference! Can your agile legal mind not imagine any other reasonable inference? I would like to hear you articulate the argument, socrateaser. Actually, there's no need to do that. The prejudice of the school board was fairly obvious before this prayer "admission" which is why the "admission" does not "radically change" anything.

This makes the outcome of a future Kansas case to strike down a decision by the Board to teach the creationist/ID viewpoint a practical certainty.

Always was. The praying comment is neither here nor there. These folks pray constantly, or at least they want everyone to believe that they do. There's nothing illegal about voluntary prayer, right? The only real suspense is in seeing just how low the school board will go in its efforts to defile itself. Praying over witness lists is just the tip of the bizarre berg of black ice these folks are trying to break up into kid-sized bites.

steve · 2 May 2005

THAT is the single biggest flaw in the entire Wedge strategy ---- it requires religious nuts to remain utterly silent, indefinitely, on the one topic that they care about more than any other, lest they give the whole game away.

Absolutely. And you can see this. They occasionally make irritated comments about Dover, for instance. I think it's hilarious. Millions of dollars, a dozen years, spent trying to create and promote a version of creationism which hides the christian god part, and their less sophisticated peers come along and give away the game a la Bill Buckingham1.
1buckingham's the retard in Dover. If anyone doesn't know who he is, here you go: Buckingham said he and others on the board wanted a book that would provide balanced treatment between Darwin's theory and the biblical view of creation. Local newspapers reported that Buckingham made no bones about his desire to see Christianity taught in the district's schools. "This country," he said, "wasn't founded on Muslim beliefs or evolution. This country was founded on Christianity, and our students should be taught as such." At a meeting the following week, Bucking­ham added, "Two thousand years ago, someone died on a cross. Can't someone take a stand for him?" He also attacked church-state separation, saying, "[N]owhere in the Constitution does it call for a separation of church and state." from http://www.au.org/site/News2?page=NewsArticle&id=7192&abbr=cs_

socrateaser · 2 May 2005

That's quite an inference! Can your agile legal mind not imagine any other reasonable inference? I would like to hear you articulate the argument, socrateaser. Actually, there's no need to do that. The prejudice of the school board was fairly obvious before this prayer "admission" which is why the "admission" does not "radically change" anything.

— Great White Wonder
I know I sound like a simpleton sometimes, but most of my cases settle, because I try to make the outcomes so damn obvious for the judge that the result is unavoidable. Frankly, I think most attorneys make too much of their cases and write unnecessarily long briefs and pleadings that bore the judges to tears. Judges get paid the same money whether or not they hear a case or write any option, and most of them, especially at the trial court level, after they've heard the first 100 cases of their careers, really just want the parties to negotiate a settlement, so the court can move the case file from the inbox to the outbox. So, when I read the line about two members of the Board expressing their desire to pray over the witness list, and that they needed the names of those witnesses, evidently to improve their prayers (although I'm not certain how this works), I said to myself, "Nothing else really matters. The case is over. I don't need any other evidence to have whatever the Board advocates thrown out, because a majority has just admitted on the public record to being prejudiced in favor of a particular religious system." To be fair, the board didn't say, "We want creationism taught under the guise of intelligent design." But, the board did effectively say, "We want to pray to our Christian God in an effort to cause the evolutionary witnesses to come to their senses and tell the truth about the divine creation of mankind as a special creature in God's world." It would be relatively trivial to put the board members on the witness stand and get them to admit this. And, as soon as I got that admission, I'd look at the judge and say, Move to declare the School Board's curriculum an unconstitutional establishment of religion, on grounds that two of its members have admitted under oath that their Christian God directs them to advance in the public school classroom, a purely theological view of human creation. And, then I'd collect my paycheck and go home. :)

Sir_Toejam · 2 May 2005

soc:

what do you think of lenny's proposal to sue districts that don't comply with state science standards:

http://www.pandasthumb.org/pt-archives/000978.html#c27810

socrateaser · 3 May 2005

what do you think of lenny's proposal to sue districts that don't comply with state science standards...

— Sir_toejam
I think Lenny's idea has merit. Devil's advocate thoughts: 1) it's very expensive, unless you have pro bono attorneys for every jurisdiction in which you file suit. 2) it's more difficult to arrive at a straightforward winning pleading when your opponent isn't actively out in public slamming his/her respective foot in his/her mouth. 3) just on pure gaming theory alone, you may lose a few cases. 4) you may be portrayed in the media as a vexatious litigant -- the public (dem ignerant masses) doesn't like people who are always suing to stifle what many may view as the revealed and divine truth of God; 5) a concerted onslaught from a determined enemy may garner more financial support for your opponent, than might otherwise be available. In general, I still believe that somehow the scientific community has managed to become viewed as the big bad wolf in all of this, rather than the persecuted minority fighting for truth, justice and the American way. I think your money is better spent on calmly explaining why the science is correct and why you are not a threat to the notion of a Christian God, i.e., "Science and theology are really mutually exclusive disciplines, and God does not reveal the precise workings of his plan for the world, so it is a false promise that ID brings, as the scriptures refuse the possibility that science can discover God in the gaps" (or some kind and gentle argument like that). You need to take the edge off of the battleground, so that the scientific community can spend its resources on science rather than constantly patching the latest tire slashing by the Discovery Institute. Anyway, off to work for me.

"Rev Dr" Lenny Flank · 3 May 2005

You need to take the edge off of the battleground, so that the scientific community can spend its resources on science rather than constantly patching the latest tire slashing by the Discovery Institute.

I couldn't disagree more. This is NOT a fight between "the scientific community" and the IDers it is a fight between a tiny loudmouthed group of ayatollah-wanna-be's and . . . well . . . everyone else. And since it's not a scientific fight, no amount of science will end it. The only thing that WILL end it, is to destroy the IDers as an effective political movement.

"Rev Dr" Lenny Flank · 3 May 2005

1) it's very expensive, unless you have pro bono attorneys for every jurisdiction in which you file suit.

Well, you only need one victory per state. Once you win in one district, ALL of the rest of the districts in that state must follow along. Whether they like it or not. And I'm pretty sure that once we win in one or two states, the rest will see the writing on the wall and give it up. As for the expense, yes, it probably will cost money (though not any more than, say, the Epperson case or the Maclean case or the Aguillard case or the Dover case or whatever). Talk is cheap. Action is not. But it's the action that gets things done, not the talk. In any case, I think there would be at least the possibility of having the state itself pick up the tab through the Attorney General's Office, since the district in such a case would be, in effect, openly thumbing their nose at the state. It is, after all, the Attorney General's job to protect the state's legal interests -- including insuring that its schools are following its state-mandated education standards. And as a follow-on, I think we should start finding schools in states that have NO mandated standards about evolution and are not teaching it (either because of "the controversy" or "public pressure" or whatever), and bring suit. After all, the Supreme COurt has already ruled in the Epperson case (and reaffirmed in the Aguillard case) that it is unconstitutional to blot out the teaching of a particular area of science in deference to the religious view or wishes of any sect. It seems another sure win for us and a sure loss for them. And it puts the bastards on the defensive for once.

Great White Wonder · 3 May 2005

The only thing that WILL end it, is to destroy the IDers as an effective political movement.

One simple way to accomplish that is to discredit their leadership and expose them as liars, hucksters, fakes, hypocrites and/or unreasonable extremists. When's the last time anyone paid attention to anything that Uri Geller said? Or Jimmy Swaggart?

Great White Wonder · 3 May 2005

Fyi, evidence that even the most gullible of suckers figure it out eventually (although they may not brag about it to the neighbors): http://www.cnn.com/2005/US/05/03/iraq.poll/index.html

A majority of Americans do not believe it was worth going to war in Iraq, a national poll reported Tuesday. Fifty-seven percent of those polled said they did not believe it was worth going to war, versus 41 percent who said it was, according to a CNN/USA Today/Gallup poll of 1,006 adults. That was a drop in support from February, when 48 percent said it was worth going to war and half said it was not. It's also the highest percentage of respondents who have expressed those feelings and triple the percentage of Americans who said that it was not worth the cost shortly after the war began about two years ago.

Americans love success. And they really don't enjoy being lied to. Unfortunately, a great deal of them are suckers for politicians, preachers and circus act promoters.

"Rev Dr" Lenny Flank · 3 May 2005

One simple way to accomplish that is to discredit their leadership and expose them as liars, hucksters, fakes, hypocrites and/or unreasonable extremists.

I quite agree. Another way is to tear down their Big Tent by exposing and exacerbating all the doctrinal differences that they try to paper over. How many of their supporters know that ID is funded by a single kooky billionnaire who has for decades has wanted to subvert the Constitution and turn the US into a theocracy? How many know that Wells is a Moonie who was paid by "Father Moon" to get his degree so he'd have some credibility? How many know that Johnson thinks AIDS is caused by sin -- er, I mean "an unhealthy lifestyle" -- instead of by HIV? How many know that Behe thinks humans are evolved from apelike primates? I'm tired of making nice-nice with the kooks.

Sir_Toejam · 3 May 2005

@GWW:
"When's the last time anyone paid attention to anything that Uri Geller said? Or Jimmy Swaggart?"

well, i'll tell ya, if nobody shows up to the creation "megaconference" in July,
I'll feel safe that these idiots have been sufficiently marginalized.

when the leader of the house stops spouting: "the dems are anti-faith!"

I'll feel safe that these idiots have been sufficiently marginalized.

when the president of the US stops mangling science in favor of his personal beliefs

I'll feel safe that these idiots have been sufficiently marginalized.

until then... seems to me there are still WAY too many people listening to the likes of Fallwell (9/11 is god punishing us for our sins) or "swaggeringt" or any of these other idiots intent on fubaring science as we know it.

as to the legal strategy; Lenny, haven't you noticed the deliberate attempts to weaken the judiciary by the right lately?

the more court cases you win, the more they will simply attempt to change the rules. first it will be the reinstallation of anti-abortion laws, then it will be forced creationism instruction in the schools.

How can we shore up the judiciary itself against such specious attacks? It's like these folks have completely forgotten why we have a constitution.

OTOH, it still would feel good to kick some ass, and at least have something to show for it, at least until the judges are replaced with IDiots.

give me a bat, Lenny. Let's crack some heads!

Sir_Toejam · 3 May 2005

one more thing...

when i said:

"the more court cases you win, the more they will simply attempt to change the rules. first it will be the reinstallation of anti-abortion laws, then it will be forced creationism instruction in the schools."

i meant to also add:

Not constutional you say? i guess that would depend on which judges you install to intrepret the rulebook.

why do you think there is an UNPRECEDENTED move by the right to abolish fillibusters in the Senate??

"Rev Dr" Lenny Flank · 3 May 2005

as to the legal strategy; Lenny, haven't you noticed the deliberate attempts to weaken the judiciary by the right lately? the more court cases you win, the more they will simply attempt to change the rules. first it will be the reinstallation of anti-abortion laws, then it will be forced creationism instruction in the schools. How can we shore up the judiciary itself against such specious attacks? It's like these folks have completely forgotten why we have a constitution.

IDers and creationists have lost every single Federal court case they have ever been involved with. In fact, IDers have not been able to pass a single law anywhere in the United States of America requiring their crap to be taught. As for what happens when the judiciary itself decides there is no Constitution? At that point, we are no longer under the rule of law --- we are under the rule of men. And we are then, in my view, justified in taking whatever steps become necessary to restore democracy and the rule of law. Take that how you will.

Sir_Toejam · 3 May 2005

Indeed. i am beginning to wonder if we aren't very close to that.

you might think Kansas is important. However, much more important than that is what happens in the Senate. If the apparent showdown over judicial nominees ends up with the nuking of the filibuster after 200 years of acceptance, I think the end of the republic is most certainly near.

John Stuart Mill warned of the tryanny of the majority. if the filibuster is nuked, you will find out why he made the warning to begin with.

Paul Flocken · 3 May 2005

When's the last time anyone paid attention to anything that Uri Geller said? Or Jimmy Swaggart?

One would hope that exposing liars and cheats and frauds for what they are would be enough; but the capacity of humans to delude themselves knows no bounds. This CRANK should be huddling in a cardboard box under a bridge overpass somewhere, but his loyal fans have done the jesus thing and FORGIVEN him. Flint made the analogy in another thread that Christianity(or probably any religion for that matter) is a parasite, and the first thing any good parasite does is disable the hosts defenses. That is such a wonderfully apt analogy.

...it is a fight between a tiny loudmouthed group of ayatollah-wanna-be's and . . . well . . . everyone else...The only thing that WILL end it, is to destroy the IDers as an effective political movement.

Too many of America's religious may lack the defenses needed to stand up against the ayatollah-wanna-be's to stop the potential threat. A toast: Here's to hoping that America's libertarian fear of a theocracy is stronger than its pathological need for a religious security blankie. Sincerely, Paul

Sir_Toejam · 3 May 2005

er, substitute "we" for "you" in that last post.

my point is, it sure seems to me that the conservative right no longer believes in the rule of law, and they seem to be doing their damdest to get rid of whatever "inconvenience" it poses for them.

cheers

Sir_Toejam · 3 May 2005

oh yeah, old Jimbo is back. yup, the parasite analogy is indeed a good one for this bottom-dewelling blood sucker. i remember making fun of Tammy-faye's horrid makeup job when i was much younger. Now i wonder if it wasn't some sort of camoflage paint to hide the parasite's true nature.

Sir_Toejam · 3 May 2005

http://headlines.agapepress.org/archive/5/32005a.asp

pretty much says it all.