As I noted in
a comment a few days ago, federal judge Gregory Frost remanded John Freshwater's appeal of his terrmination back to the Knox County Court of Common Pleas. Now according to a press release today, April 11, the
Rutherford Institute has agreed to assist Freshwater in the appeal of his termination.
The press release says
The Rutherford Institute is defending a Christian teacher who was allegedly fired for keeping religious articles in his classroom and for using teaching methods that encourage public school students to think critically about the school's science curriculum, particularly as it relates to evolution theories.
More below the fold.
The Rutherford Institute is a conservative legal aid organization that (according to its
self-description)
... provides free legal services to people whose constitutional and human rights have been threatened or violated.
...
The Institute's mission is twofold: to provide legal services in the defense of religious and civil liberties and to educate the public on important issues affecting their constitutional freedoms.
It has participated in a number of religious and non-religious civil liberties cases, even sometimes in alliance with the American Civil Liberties Union. (See also
Sourcewatch's summary.)
The Rutherford Institute's roots are in part in
Christian Reconstructionism--among its founding Board of Directors were Howard Ahmanson, Jr., a major funder of the Discovery Institute, and R.J. Rushdoony of the
Chalcedon Foundation, also funded (at least formerly) by Ahmanson. Rushdooney was a prominent proponent of Christian Reconstructionism.
It's not clear what specific role the Rutherford Institute will play in Freshwater's appeal. According to the press release, its involvement is based on an academic freedom argument:
"The right of public school teachers to academic freedom is the bedrock of American education," stated John W. Whitehead, president of The Rutherford Institute. "What we need today are more teachers and school administrators who understand that young people don't need to be indoctrinated. Rather, they need to be taught how to think for themselves."
This echoes the recent push by creationists, most notably embodied in the
Louisiana 'Academic Freedom' law passed in 2008.
As far as I know, no date for the commencement of the Common Pleas case has been set.
68 Comments
Samphire · 11 April 2011
"Rather, they need to be taught how to think for themselves.”
Or go to hell.
eric · 11 April 2011
I will enjoy hearing the Rutherford Institute's explanation as to why his critical thinking teaching methods required Freshwater to hide his teaching materials from the administration and the parents.
I guess 'academic freedom' in this case means no one has the right to critically analyze the materials Freshwater uses to teach critical analysis. :)
seabiscuit · 11 April 2011
This will never end..............!!!!!
Magicthighs · 11 April 2011
"for using teaching methods that encourage public school students to think critically about the school’s science curriculum"
They may have a point there. Having a cross burned into your flesh would make you think critically about what they hell they think they're doing.
CMB · 11 April 2011
What next? Fred Phelps?
harold · 11 April 2011
How is it possible to mix Christian reconstructionism with human and constitutional rights?
Yet bizarrely, a lot of the stuff on their web site looks legit. Is it possible that they're just making a horrible mistake this time? Where do they get their funding from? That would probably say a lot.
Stanton · 11 April 2011
So, the Rutherford Institute is going to defend John Freshwater's right to collect money for a job he was contractually obligated to do, while refusing to do what he was contractually obligated to do.
The Constitution guarantees such a right?
harold · 11 April 2011
I don't get it. I agree with every word on that Rutherford Institute site about freedom of religion.
That's (one of the major reasons) why I am AGAINST Freshwater.
He's trying to get the government to favor one religion (his own science-denying interpretation of the Bible) and to inhibit the rights of the students and families who believe anything else.
Although almost anyone would describe me as "liberal" (I'm moderate to mildly-more-liberal-than-average in places like Manhattan or Boulder CO), I often agree with "conservatives" (that's "conservatives", not "Republicans") about human rights and freedom of religion (and a variety of other things). Again, that's "conservatives", as far as I can tell I don't agree with contemporary Republicans on anything.
Either the Rutherford Institute is doing deep, deep cover, or they have been very badly misinformed and taken advantage of.
Flint · 11 April 2011
If that press release reflects what the Rutherford folks really think, then they are either hopeless (and unlikely) dupes, or else their site's statements about freedom of religion are encoded in a way we're not decoding properly. Because the press release goes beyond spin; it's flat contrary to fact. He wasn't fired for keeping religious articles in his classroom, and he wasn't encouraging anything resembling critical thinking - he was doing exactly the opposite.
Maybe the Rutherford Institute should have a couple of discussions with the likes of Hamilton, or the Thomas More Law Center.
Mike Elzinga · 11 April 2011
Flint · 11 April 2011
At least, it might alert them to check if there's any water in the pool before diving.
DavidK · 11 April 2011
so is this new effort going to cost the school, i.e., the taxpayer some additional $$$?
Scott F · 11 April 2011
Mike Elzinga · 11 April 2011
Rusty Catheter · 12 April 2011
So,
would it be the constitutional right to not be pumped full of some zealot's particular religious guff?
Or is it just the rather dubious "right" to pump such guff?
Sounds like they support some "rights" to exceed actual rights.
Rusty
Aagcobb · 12 April 2011
“What we need today are more teachers and school administrators who understand that young people don’t need to be indoctrinated. Rather, they need to be taught how to think for themselves.”
Which is why Freshwater shouldn't be in the classroom; he was seeking to indoctrinate children.
harold · 12 April 2011
fnxtr · 12 April 2011
Okay, I know I'm Canadian, but I thought your gummint was "of/by/for the people". In which case "the state" has a duty to uphold the definition of right and wrong determined by those who make up "the state".
No?
harold · 12 April 2011
fnxtr -
It is obvious that all states on earth, including Canada, which I am also a citizen of (I am a dual US/Canadian citizen) have, at present, some tendency to occasionally abuse some of their citizens.
Private protest of government actions, rather than "if the government did it, it must be right", is a critical human right. I have no problem with that part of the claims.
wgwII · 12 April 2011
The Rutherford Institute states:
"Freshwater's students earned the highest state standardized test scores in science of any eighth grade class in the district. Moreover, according to a federal judge's findings, Freshwater was the only science teacher at Mount Vernon Middle School who achieved a "passing" score on the Ohio Achievement Test"
I can't find where a Federal Judge said that. Can anyone point me the right direction?
eric · 12 April 2011
cwj · 12 April 2011
DS · 12 April 2011
DS · 12 April 2011
“The right of public school teachers to academic freedom is the bedrock of American education,”
I don't think those words mean what you think they mean.
JRE · 12 April 2011
Yipppeeee, just in time for the new levy vote. Interesting how the timing of all these events keep happening right before MVCS has a vote on funding. (BTW, has Mr. Thompson come forward yet with all the cases of mismanaged funds he said he was going to fix?)
My youngest was born just a few months before this fiasco began. I thought it would be over before oldest sibling finished kindergarten. Then I thought it'd be over before her middle sibling started kindergarten. Now I'm wondering if it will be over in time for her to start kindergarten.
The monstrosity that is Ohio SB 5 will do nothing about this waste of time and money - this whole process is not based on Mr Freshwater's union membership as he was not a member of the teacher's union. That to me is the kicker - several people have used this case to firm up their support for SB 5. BLAH!
harold · 12 April 2011
I sent this email (with the typos, yes, bad editing day) to "staff@rutherford.org".
Dear Staff Member -
Please forward this email to Mr Whitehead.
Mr Whitehead -
I became aware of your institute when I learned of your pending advocacy for John Freshwater.
Although we differ somewhat in philosophy, I noticed that your Institute is dedicated to the defense of individual human rights. We have strong agreement in this area, and I was impressed by the non-partisan, independent decisions you made, with regard to the past cases you have chosen.
I am very familiar with the John Freshwater case.
The theory of evolution is the fundamental theory of mainstream biomedical science. No-one needs to "believe" in it if they don't want to, but when biology is taught in taxpayer funded American public schools, it is mainstream, experimentally-supported biology which should be taught.
Sectarian religious denial of evolution should NOT be taught in public schools as "science". This violates the rights of all students to practice religion or not as they and their families see fit without government interference. Public school teachers are government employees in a position of authority. Of course they should not in any way have their own religious freedoms compromised, but they should not teach sectarian dogma to students as "science".
Mr Freshwater was actually terminated for shocking a student with an electrical apparatus, but he also had a long history of using creationist materials and showing implied discrimination toward students who were not of fundamentalist Protestant faith.
How much religious material a public school teacher (or police officer, etc) should display is an intriguing question, as it is very much at the intersection of their personal rights, versus the rights of those over whom they have legitimate government authority not to told, directly or indirectly ,by government agents, which religion to follow. However, this is irrelevant to the Freshwater case. He was asked to remove religious items only after his misuse of the classroom to create government favoritism for his own religious sect (with himself as the agent of government) had become problematic.
fnxtr · 12 April 2011
mrg · 12 April 2011
Debbie Henthorn · 12 April 2011
veritas36 · 12 April 2011
I do not think a classroom should contain materials unrelated to teaching the subject at hand. No pictures of your family, sports equipment, or stuffed animal toys. I don't think any distracting material is appropriate and don't remember my teachers having any. Except for a bottle of perfume on a desk that was accidentally knocked over by a student who caught Hell! And the picture of George Washington on many walls and I spent way too much time wondering why the artist didn't finish it and why the school hung an unfinished portrait of the guy -- see what I mean about distracting?
harold · 12 April 2011
Mike Elzinga · 12 April 2011
wgwII · 12 April 2011
Please let us know if you get a response.
wgwII · 12 April 2011
I read the Mt Vernon News article today about this.
http://www.mountvernonnews.com/local/11/04/12/rutherford-institute-to-assist-freshwater
Here is my favorite quote "If what he’s doing is telling me the truth"
That is where there seems to be issues for Mr Freshwater. Maybe Mr Whitehead should read Judge Frosts opinion on the matter.
http://ncse.com/webfm_send/1407
DavidK · 12 April 2011
darwinism.dogBarf() · 12 April 2011
There is no reason for the school system not to support multiple meta-cognitive interpretations of metaphysical phenomena. Darwinian metaphysics is not the only metaphysics there is; there are new alternative understandings of ontology and cosmogony based on information theory that are more vibrant and robust than Darwinian chance. There is nothing wrong with letting them be heard.
flyonthewall · 12 April 2011
apparently the school board is violating his constitutional right to burn crosses in student's arms.
mrg · 12 April 2011
There is no reason for the school system not to support multiple meta-cognitive interpretations of metaphysical phenomena. The metaphysics of modern planetary science is not the only metaphysics there is; there are new alternative understandings of ontology and cosmogony based on information theory that are more vibrant and robust than the conventional planetary wisdom that the Moon is made of rock. There is nothing wrong with letting the green-cheese theory be heard.
Mike Elzinga · 12 April 2011
Mike in Ontario, NY · 12 April 2011
wgwII · 12 April 2011
eric · 12 April 2011
JASONMITCHELL · 12 April 2011
I just don't get it. IIRC there were several reasons that Freshwater was fired, each of them on their own would be sufficient justification, in combination, he is not redeemable. (child abuse/endangerment, insubordination, religion/curriculum issues) the Rutherford Institute seems to be addressing only the latter as if that's the ONLY reason that Freshwater was terminated. Is there a meme about him being canned "merely for keeping a Bible on his desk".
wonderin · 12 April 2011
Very interesting article I found;
http://www.publiceye.org/ifas/fw/9406/rutherford.html
IFAS | Freedom Writer | June 1994 | rutherford.html
P ROFILE
The Rutherford Institute
The Institute for First Amendment Studies receives many calls concerning a number of Religious Right organizations. Near the top of the list is the Rutherford Institute, a Virginia-based Christian legal organization that promotes the Christian Right agenda through the courts. The following report offers some pertinent and basic information about this influential organization.
Samuel Rutherford, a 17th-century Scottish minister, is best known for his defiance of the King. Rutherford proclaimed that, as kings were not divine, kings' laws were not above God's laws. He urged his followers to disobey any royal decrees that failed to follow God's laws.
In 1982, attorney John W. Whitehead, writer/filmmaker Franky Schaeffer, and other "concerned Christians" formed a new organization to act as "the legal arm of Christian civil liberties in this country." They named it the Rutherford Institute after Samuel Rutherford.
Schaeffer contended that "modern-day courts issue laws which are contrary to God's law." And Whitehead believes, according to an article by Martin Mawyer published in the May 1983 issue of the Moral Majority Report, "that courts must place themselves under the authority of God's law."
Mawyer's article explains, "The Institute states that 'all of civil affairs and government, including law, should be based upon principles found in the Bible.'" That statement is a simplified definition of Christian Reconstruction, an important movement within evangelical Christianity.
From the beginning, the Rutherford Institute has taken a militant position. "We need to be very aggressive, not passive," Whitehead said in a 1983 interview. "Take the initiative. Sue rather than waiting to be sued. That's where we've been weak. We've always been on the defensive. We need to frame the issue and pick the court. The institute, if necessary, will charge that government is violating religious freedoms rather than the church waiting for the government to charge it with violating the law.
Franky Schaeffer, son of the late theologian Francis Schaeffer, wrote Bad News for Modern Man: An Agenda for Christian Activism, a guide for radical Christians. As a writer and filmmaker, Franky Schaeffer (he now prefers Frank) played an important role in the development of the Religious Right.
A vocal opponent of abortion, he wrote: "Every church should be involved in the prolife movement. Abortion clinics must be picketed nonstop. Doctors who wish to murder the innocent must be harassed and driven from our communities." In 1990, in a move toward religious purity, Schaeffer joined the Greek Orthodox Church. Today, his role as a Christian Right activist has diminished.
On the other hand, John Whitehead's 1982 book, The Second American Revolution, which sold well over 100,000 copies, helped establish the Rutherford Institute as a leading far-right organization.
The Second American Revolution contains numerous references to a former Presbyterian minister named Rousas John (R.J.) Rushdoony. A prolific writer, Rushdoony is known as "the father of Christian Reconstruction." He heads an organization called Chalcedon.
According to Rushdoony's brochure, "The Ministry of Chalcedon," "Chalcedon was instrumental in establishing the Rutherford Institute, the purpose of which is to aid lawyers in the defense of religious liberties." In fact, Rushdoony served as a board member of the Rutherford Institute, and is listed as a speaker at Rutherford conferences.
In a discussion on Christian Reconstructionism, Dr. Jay Grimstead, president of the Coalition on Revival (COR) said, "We believe that God has given the Bible as a rule book for all society, Christian and non-Christian alike. I concur with most of the Reconstructionist matters; and I am trying to help rebuild society on the Word of God, and loosely, that would be a Reconstructionist orientation in anybody's book."
In the views of Christian Reconstructionists, every aspect of society, including law, medicine, education, the media, and the arts and entertainment, should be based upon the Reconstructionists' interpretation of the Bible. Strict interpretation includes swift justice for sinners, including the death penalty for abortionists, "unrepentant" homosexuals, and, according to Rushdoony, even "incorrigible sons."
Alexis I. Crow, an attorney with the Rutherford Institute, told us "John Whitehead is not a Reconstructionist and he never has been." While Whitehead may not be a Reconstructionist, he is apparently Reconstructionist-influenced, or Reconstructionist-oriented. Besides his affiliation with Rushdoony and references to Rushdoony's writings in The Second American Revolution, in the same book Whitehead declares his own Reconstructionist-like beliefs.
Like Reconstructionists, Whitehead sees the mission of the Christian church as one of domination. "The church," Whitehead writes, "has a mandate from the Creator to be a dominant influence on the whole culture."
Currently, the Republican Party is fighting for its soul; it is trying to ward off domination by religious extremists. Back in 1982 Whitehead addressed this very issue. "Getting involved in local politics will eventually mean Christians running for office. This will include attending and eventually TAKING CONTROL [emphasis added] of party conventions where grass-roots decisions are made."
Christian Reconstructionists want to take control of America's legal and educational system. Whitehead concurs. "The challenge of the Christian attorney," he writes, "is to be a vocal, dynamic spokesman for the true legal profession — the one with Christ at its center — and to stop at nothing less than reclaiming the whole system."
On education, Whitehead says, "[T]he public education system, which includes the entire educational structure up through the university level, must be reinstilled with Christian theism." He adds, "If there is little hope of revamping public education — and this is more than a probability — then Christians must remove their financial support from the system."
Rushdoony's influence is apparent in Whitehead's book. When asked if there has been a parting of the ways between Whitehead and Rushdoony, Crow failed to respond.
There is some confusion about the history of John Whitehead's relationship with COR. A 1986 brochure on COR's "Continental Congress on the Christian World View III," a Fourth of July weekend conference held in Washington, lists Whitehead as a speaker and Steering Committee member. The topic of his talk at the conference was called "Priorities for the Eighties." His photo is included in the brochure.
Nevertheless, Alexis Crow of Rutherford claims that Whitehead is not, nor ever has been a member of COR, or of COR's Steering Committee. To clear up the matter we called Jay Grimstead, COR's president. "As far as I know," he said, "John was a member in the early years; maybe for a couple of years. At one time, several dispensationalists withdrew. About that time, John's office called and asked that he be taken off." Grimstead added, "I thought he was on then [1986], when we made the brochure."
"The Rutherford Institute is an organization that defends the rights of ALL religious persons," according to Crow, "regardless of denomination or creed and, as such, has defended, among others, Christians, Jews, atheists, Santerians, Native Americans, and Hare Krishna."
Her statement is a bewildering one. Many people, such as Unitarian Universalists and people of other liberal religions, feel that there are circumstances where it is their religious duty to have an abortion. How many times has the Rutherford Institute defended religious people who opt for their legal right to have an abortion?
Other religious people, such as many members of the Metropolitan Community Church, are gay Christians. They believe God has made them homosexual, and accept that as a gift from God, just as others celebrate their heterosexuality. How many times has the Rutherford Institute defended the rights of gays and lesbians?
Does the Rutherford Institute really defend the rights of all religious people, or do they seek special privileges for Christians — such as helping Christians discriminate against gays in housing or employment?
Operating on an annual budget of $8 million, the Rutherford Institute and its team of aggressive lawyers may soon show up in your neighborhood. With about 230 active cases, the institute can be commended for taking on some cases involving true religious liberty. However, it is clear that the organization pursues the agenda originally outlined by John Whitehead and Franky Schaeffer. "We must influence all areas of life including law and politics," Whitehead stated. "We can leave nothing untouched by the Bible."
Mike Elzinga · 12 April 2011
These damned “Christian”
RDeconstructionists are one of the unfortunate side effects of the First Amendment separation of Church and State clause.In the ideal case, public schools would be teaching everyone the best universal knowledge that societies and civilizations have to offer while sectarians can be free to go to their churches and worship as they please.
And anyone who chooses to learn sectarian-pseudo science would be free to go to one of those churches for which such pseudo-science props up sectarian dogma.
Unfortunately “freedom of religion” also means freedom for those religions whose gut-busting, dog-determined mission it is to enslave everyone else, disrupt the process of imparting universal knowledge to the rest of society’s kids, and ultimately bring down the very government that grants them those freedoms.
This is exactly the kind of thinking one associates with the Diabolic; namely to take any possible Good and turn it into abject Evil.
Jason Scott · 12 April 2011
I just sent this letter:
Mr Whitehead :
I am concerned that your defense of John Freshwater will give disproportionate credence to the current anti-science mentalities operating at large in the United States.
Evolution is a scientific theory, not a religion, and the theory's robust stature as an explanation of life's origins is not a matter for high school science teachers to refute. Moreover, creationism in any form, which includes intelligent design, is not a scientific alternative to evolutionary theory (Tammy Kitzmiller, et al. v. Dover Area School District, et al. (400 F. Supp. 2d 707, Docket no. 4cv2688) and cannot be introduced in a public school classroom without violating the establishment of religion clause of the Constitution.
You may have Christian fundamentalist sympathies, but this is not a sufficient pretext to proselytize the public schools with biblical literalist philosophies that are unfalsifiable in any way compatible with the scientific method.
Please do not waste the court's time with yet another monkey trial.
Thank you for your time.
Sincerely.
Paul Burnett · 13 April 2011
harold · 13 April 2011
Helena Constantine · 13 April 2011
davidsdaughter · 13 April 2011
fnxtr · 13 April 2011
Your constitution didn't write itself, Helena.
mrg · 13 April 2011
DavidK · 13 April 2011
RBH · 13 April 2011
RBH · 13 April 2011
John · 13 April 2011
John_S · 13 April 2011
DavidK · 13 April 2011
harold · 14 April 2011
Surprisingly, I have not yet received a response to the email I sent to the Rutherford Institute.
RBH · 14 April 2011
raven · 15 April 2011
raven · 15 April 2011
MosesZD · 15 April 2011
Sigh. When you are violating the human rights of others, you have to do it on your own time. Not during the time you are representing the SECULAR STATE.
That was Freshwater's mistake. He decided to violate the human rights of his students, for years, during his time of representing the State.
It was both illegal and immoral and there is no defense. Even if I were a Christian, I would find it repulsive because I know my version of (from when I was growing up) Christianity is far different than the one he is purported to practice. So much so that if we weren't in a secular state where our religious freedoms are protected from a neutral position, we'd be killing each other off as heretics.
Something that, btw, did happen in this country. Even to some of the siblings of my ancestors.
MosesZD · 15 April 2011
Show the math or shut up.
DavidK · 15 April 2011
This kinda sounds like the state of Georgia putting a sticker inside their biology texts warning students/readers not to take the contents regarding evolution seriously, no?
Shebardigan · 15 April 2011
Marion Delgado · 22 April 2011
If you ever do write a book (and it can be a small book, a lot of NCSE type books are small, and not novel-y), you should call it "The Thing That Would Not Die."
Although, the good people of Mt. Vernon might think I mean Freshwater, not the undead monster that's the Freshwater case. Anyone know how much money Freshwater's already cost the school? Have insurance premiums gone up? What legal fees weren't covered. Are we looking at at least a milliion, just like Kitzmiller v. Dover?
Because if it ever gets to that level, I'm calling it as a tactic - intimidation by lawsuit, successful or sucidal. Let us teach creation (or at least "evolution bad!") or we'll run down your budget for the next year or two.
Stanton · 22 April 2011