I've been rereading "Monkey Girl," (
Amazon;
Barnes&Noble) Edward Humes' excellent book on the
Kitzmiller trial, and ran onto something I'd either missed first time through or forgotten. As is the case in the Freshwater affair, the Rutherford Institute got involved in
Kitzmiller. It represented three sets of Dover parents who requested that they be allowed to intervene in the case, joining the school board as defendants. Filed the same week that the Board's intelligent design-based statement was read to the first classes in school, the Application to Intervene argued that those parents had a stake in the outcome of the trial, and therefore should be allowed to participate as defendants, represented, of course, by the Rutherford Institute.
The Rutherford Institute argued on behalf of the three sets of parents that if the plaintiffs (Tammy Kitzmiller,
et al.) prevailed and the ID statement to biology classes was forbidden to be read, their children would not be able to hear about intelligent design. The
Application to Intervene as Defendants (PDF) claimed that
The Intervenors seek to participate in this action because, if the Plaintiffs are successful, the lawsuit will have the effect of censoring the Dover Area School District Board and shielding all ninth graders from criticism of Darwin's Theory of Evolution.
...
[The intervenors] seek to ensure that their children will have full access to information concerning the theory of evolution, including its many gaps for which there is no evidence. The Applicants further seek to ensure
that their children not be denied access to a critical analysis of evolution merely because some persons believe that critics of the theory are religiously motivated. (pp. 2-3)
Further, in the
Application to Intervene Rutherford argued that parents of school children are entitled to assert a "... First Amendment right of access to information and ideas in an academic setting...". Still further,
The Applicants have a substantial legal interest, rooted in the First
Amendment, in making sure that their children are not prevented from learning about intelligent design.
That is, parents are constitutionally empowered to determine what should be covered in public school science curricula, regardless of whether it's accepted science or fringe pseudoscience. Consistent with Michael Behe's and Scott Minnich's admissions in their
Kitzmiller testimony that their redefinition of science would substantially broaden the landscape of admissible explanations in science, extending it into the supernatural, the Rutherford Institute's argument would pave the way for the return of astrology and alchemy to the science classroom, should some parent or teacher wish it.
In a way the route for Rutherford Institute's involvement in both Dover and Mt. Vernon was similar. Rather than being a principal actor, involved in the original disputes, Rutherford was a late-comer, entering the processes well after they were in progress. It attempted (in Dover) and succeeded (in Mt. Vernon) in inserting itself into an on-going process, making arguments that neither side made prior to Rutherford's participation. In both cases it is arguing for an expansion of First Amendment rights, in the Dover case the right of parents to determine what will be taught in public school science classrooms, and in the Mt. Vernon case the right of a teacher to override instructions from the Board of Education regarding curriculum matters. And in both cases the result would be the inclusion of any damn fool thing a parent or teacher wants taught, regardless of its appropriateness to the class or the validity of its content. As the response from the plaintiffs in opposition to the Application to Intervene put it,
Second, if Applicants were correct that there is a First Amendment right of parents to dictate the content of public school curricula, that right would eviscerate the well-recognized authority of school districts to set their own curricula. (p. 7)
The Rutherford Institute's argument has developed and been elaborated in the seven years between
Kitzmiller and Freshwater, but it rests on the same foundation: A claimed First Amendment right to allow anything at all to be taught in science classes, subject only to the idiosyncratic wishes of individual parents or teachers.
For more, see NCSE's
Archive of Rutherford Intervention documents.
Added in edit: I'm not sure I made it clear that Judge Jones denied the request to intervene in
Kitzmiller.
38 Comments
Nick Matzke · 27 April 2012
IIRC Rutherford also attempted to intervene in McLean v. Arkansas in 1981, also without success. It's gotta be boring for lawyers to write applications to intervene that don't go anywhere, but I imagine it looks good in fundraising letters...
SLC · 27 April 2012
Let's carry the Rutherford argument to it's logical conclusion. If a parent insists, the school's math class must teach the alternative theory that 2 + 2 equal 5. If a parent insists, the school's physics/astronomy class must teach the geocentric theory of the universe. If a parent insists, the school's hygiene class much teach that the germ theory of disease is wrong. If a parent insists, the school's history class must teach that Lincoln was not the 16th POTUS. If a parent insists, the school's English class must teach that "ain't" is proper grammar.
ogremk5 · 27 April 2012
So, they are looking for ANY case that will help them get religion into the classroom. I guess that's why they haven't intervened in the JPL case.
Richard B. Hoppe · 27 April 2012
Joe Felsenstein · 27 April 2012
Is this the same argument as "viewpoint discrimination", used by creationists in some other recent cases?
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 27 April 2012
harold · 27 April 2012
Richard B. Hoppe · 27 April 2012
raven · 27 April 2012
cmb · 27 April 2012
DS · 27 April 2012
Of course they couldn't just buy the book and read it themselves. If they didn't have someone read it to them they were prevented form reading it. Makes perfect sense, if both parent and child are illiterate. Unfortunately, that seems like a distinct possibility in this case.
As for the first amendment issue, every parent has a right not to have their children taught about a religion they don't believe in as a substitute for science. What about the rights of those children and parents?
And if the first amendment argument should somehow win, then all that need be done is to find one parent in every school district who demands that the class be taught modern evolutionary theory all the way up to the graduate level. They wouldn't dare try to prevent them from learning something the parents wanted them to learn now would they?
Flint · 27 April 2012
I agree with ogremk5. These attempts have nothing to do with the First Amendment, or with freedom of speech, or with appropriate presentation of science. They are simply attempts to find the right words to put into the mouth of a suitable judge, in order to get their religion (and only theirs) preached in public schools. One only need to imagine their response if some Islamic judge were to decide that all public education students had the right to be told the truth of Islam, straight from Allah, whether they wanted that academic freedom or not!
I simply can't imagine this being a mystery to anyone. Support or rejection of these arguments doesn't cleave along any lines other than religious lines; the code phrases are hardly opaque and the motivations hardly a secret.
Robert Byers · 28 April 2012
To need to claim such a great thing as first amendment rights demonstrates a bigger problem.
Why is teaching kids such a major issue for the nations constitution?
All this is about more then rules.
Its about the easy going and natural thing that what schools teach in the nation can be determined by the nation.
Where there is a great or almost great contention then this is the time for the spirit and right behind being a free people to debate and decide whats to be taught their kids, in their schools,
Not fir some elites to be the boss over great numbers of the people.
The founding population that created the constitution and general ideas of democracy and over riding law simply wanted important things to be beyond public interference.
Very important things.
Teaching kids is not one of them.
Further a very Puritan/Protestant Yankee and anglican/Protestant southerners never would of agreed or put into their democracy and constitution anything banning the teaching of origins from a starting point of God and Genesis.
Its an absurdity to say they would or accidently did.
It was not on their mind and if it had come up they would of soundly instead banned any criticism of God or Genesis in teaching about origins to their kids.
its a grand myth since WW11 that anything in the constitution can be gleaned to prohibit creationisms.
Its just not going to stand that origin issues be uniquely censored by the state.
Its all a matter of creationists ability to agitate and bring case ofter case to return the freedom to discover or fight over whats true in public institutions.
There is a bigger wind of change here and a bigger idea of truth and education and democracy.
Looks that way from up here in Canada.
Yes evolutionism will have problems holding its own and i think it will have great problems but why should evolutionists be afraid?
Why not intellectually destroy creationism before kids in science clas if that can be done??
dalehusband · 28 April 2012
TomS · 28 April 2012
If parents have a right to have their views taught in K-12 classrooms, can't they pursue that right on their own, rather than having to rely on intervening in some else's lawsuit?
Frank J · 28 April 2012
Frank J · 28 April 2012
DS · 28 April 2012
TomS · 28 April 2012
I'd also mention Gert Korthof: "Introduction to the Evolution literature"
http://home.wxs.nl/~gkorthof/korthof.htm
harold · 28 April 2012
Karen S. · 28 April 2012
Ed Brayton · 28 April 2012
The Rutherford Institute is a bundle of contradictions. On the one hand, they really do a lot of good work on free speech and free exercise of religion cases. And John Whitehead, who heads the organization, is one of the very few religious right leaders who is a consistent civil libertarian. He is constantly railing against the government for its unconstitutional abuses like warrantless wiretaps, torture and so forth. He's part of the American Freedom Agenda group that has been very good on those issues. At the same time, they take absurd positions like this.
Frank J · 28 April 2012
harold · 28 April 2012
_Arthur · 28 April 2012
Creationists insist that their own "scientific facts" be taught to schoolchildren, but they use the legislatures or the Courts to skip a very important step.
What is good science and scientific facts is not decided by popular demand, or even in courtrooms --certainly not by local governments.
To establish science, you have to debate and defend your scientific evidence, observational data and theories in the scientific arena, via science articles in scientific magazines, mostly.
At some point, if your evidence is solid and explains the known observations better than other theories, your new scientific theory will prevail, gain widespread support, and might end up in schoolbooks.
Creationists and Intelligent Design Creationists work very hard to sidestep all that scientific scrutiny stuff, and pass laws allowing/requiring their unscientifically proven viewpoint be taught alongside established science straightaway.
If they have solid scientific evidence, based on, say, "the Cambrian Explosion", why don't they debate those points in, say, Nature or Scientific American ?
And where are the teachers supposed to find the scientific materials to present Creationist non-theories to schoolkids ? On random websites ? In church litterature ?
I rest my case.
Paul Burnett · 28 April 2012
_Arthur · 28 April 2012
Or TimeCube.com. Science by website.
Tenncrain · 28 April 2012
Tenncrain · 28 April 2012
tomh · 28 April 2012
bplurt · 28 April 2012
ogremk5 · 28 April 2012
Flint · 28 April 2012
Byers, irritating as he is, illustrates two things here. First, that illiteracy doesn't particularly bother him since he can't recognize it when he writes it. He holds no higher aspiration for his children or anyone else's. And second, he's right that his dream State isn't that hard to create. Much of the Middle East has been doing exactly what Byers wishes (the details may vary somewhat, but the substance is all there). A thousand years or more ago, they were at the forefront of math and what today would be called science. Then Mohammad came along, opened everyone's eyes, and ever since "Byersism" has been the rule. Rigidly enforced. From which we learn that once fundagelicism takes hold, it's powerfully self-perpetuating.
My imagination fails me when I try to envision a creationist preaching "acadamic freedom, present both sides" actually following those principles if he gets into power. Or ever permitting such an idea to be expressed again.
harold · 28 April 2012
Flint · 28 April 2012
Except for the fact that the Arabian culture pretty well ground to a stop in terms of advancements in math, science, literature, etc. and never recovered, I'd agree with you. Byers isn't really anti-science, any more than Islam is anti-science. It's just that for both, science is theologically constrained, being of a far lower cultural priority. And Islam DID take hold in that region in the middle ages (after the geographic expansion phase), and it HAS NOT relinquished that hold ever since.
(And certainly the situation is far more complex than this may imply. There are deeply convoluted reasons why Dover and Mt. Vernon and indeed much of the rural US has remained undereducated and over-represented with fundamentalists, while larger cities especially on the coasts have moved in the other direction.)
harold · 29 April 2012
Frank J · 30 April 2012
dalehusband · 6 May 2012