Posted on 05/25/2006 2:59:09 PM PDT by dukeman
ADF filed friend-of-the-court brief in defense of textbook stickers which accurately stated that evolution is a theory
ATLANTA — The U.S. Court of Appeals for the 11th Circuit today vacated a lower court decision that declared Cobb County science textbook stickers which stated “evolution is a theory, not a fact” unconstitutional. The court was critical of the district court for issuing its ruling against the stickers despite holes in the evidentiary record in the case and remanded the case back to the district court for new proceedings.
“No school should be in trouble for simply stating the facts. That’s what schools are supposed to do. Though we wish the appeals court would have ruled on the constitutional merits of the case without sending it back to the district court, we are pleased that the district court’s ruling against the school district has been vacated,” said Alliance Defense Fund Senior Legal Counsel Joel Oster.
In its ruling today, the 11th Circuit wrote, “The problems presented by a record containing significant evidentiary gaps are compounded because at least some key findings of the district court are not supported by the evidence that is contained in the record.” The full text of the court’s ruling in the case Selman v. Cobb County School District can be read at www.telladf.org/UserDocs/CobbCountyDecision.pdf.
The lower court judge agreed that the stickers were not applied to the textbooks for a religious purpose and were devoid of religious content. Nonetheless, he deemed the stickers a violation of the so-called “separation of church and state” for the sole reason that many people were aware that Christians supported the stickers.
According to the friend-of-the-court brief ADF attorneys filed in the case, “The District Court’s analysis will lead to absurd results…. The Establishment Clause was never meant to prohibit the passage of a secular law, for a secular purpose, simply because Christians actively lobbied for the law” (www.telladf.org/news/story.aspx?cid=3404).
The sticker which had been applied to each textbook read, “This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully, and critically considered.”
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
A fine example of lying with half-truths.
Bingo. Gravity is also "only a theory", but amazingly it doesn't get a sticker.
Whatever happened to stickers like:
"Go Cubs!"
or
"Matt + Stephanie 4-EVER"
For the ping list or the archive, as your Evolvedness sees fit.
are=is in this case
No, much of science is about things than can be measured, weight, seen, felt, heard etc. Gravity can be measured and it's effects observed, water will wet you, fire will burn. These things can be tested, observed and measured repeatedly, as many times as you like with identical or near identical results. Evolution is observational theory that is untestable, so it remains theory, not fact.
What do you think "record containing significant evidentiary gaps" is referring to? Evolution or this case?
Um, actually, I observe it and manipulate it all the time.
Like, say, the age of fossils or the relationships between DNA sequences of various species?
Both.
The lower court ruling is an example of the Lemon Test going too far. I actually hope the ACLU takes this up to the Supremes. I think it is time to have the Lemon Test challenged. I think there are enough votes now (with O'Connor gone) to throw the Lemon test on the asheap of history.
Here are some definitions (from a google search, with additions from this thread):
Theory: a well-substantiated explanation of some aspect of the natural world; an organized system of accepted knowledge that applies in a variety of circumstances to explain a specific set of phenomena; "theories can incorporate facts and laws and tested hypotheses." Addendum: "Theories do not grow up to be laws. Theories explain laws." (Courtesy of VadeRetro.)
Theory: A scientifically testable general principle or body of principles offered to explain observed phenomena. In scientific usage, a theory is distinct from a hypothesis (or conjecture) that is proposed to explain previously observed phenomena. For a hypothesis to rise to the level of theory, it must predict the existence of new phenomena that are subsequently observed. A theory can be overturned if new phenomena are observed that directly contradict the theory. [Source]
When a scientific theory has a long history of being supported by verifiable evidence, it is appropriate to speak about "acceptance" of (not "belief" in) the theory; or we can say that we have "confidence" (not "faith") in the theory. It is the dependence on verifiable data and the capability of testing that distinguish scientific theories from matters of faith.
Hypothesis: a tentative theory about the natural world; a concept that is not yet verified but that if true would explain certain facts or phenomena; "a scientific hypothesis that survives experimental testing becomes a scientific theory"; "he proposed a fresh theory of alkalis that later was accepted in chemical practices."
Proof: Except for math and geometry, there is little that is actually proved. Even well-established scientific theories can't be conclusively proved, because--at least in principle--a counter-example might be discovered. Scientific theories are always accepted provisionally, and are regarded as reliable only because they are supported (not proved) by the verifiable facts they purport to explain and by the predictions which they successfully make. All scientific theories are subject to revision (or even rejection) if new data are discovered which necessitates this.
Law: a generalization that describes recurring facts or events in nature; "the laws of thermodynamics."
Model: a simplified representation designed to illuminate complex processes; a hypothetical description of a complex entity or process; a physical or mathematical representation of a process that can be used to predict some aspect of the process.
Speculation: a hypothesis that has been formed by speculating or conjecturing (usually with little hard evidence). When a scientist speculates he is drawing on experience, patterns and somewhat unrelated things that are known or appear to be likely. This becomes a very informed guess.
Guess: an opinion or estimate based on incomplete evidence, or on little or no information.
Assumption: premise: a statement that is assumed to be true and from which a conclusion can be drawn; "on the assumption that he has been injured we can infer that he will not to play"
Impression: a vague or subjective idea in which some confidence is placed; "his impression of her was favorable"; "what are your feelings about the crisis?"; "it strengthened my belief in his sincerity"; "I had a feeling that she was lying."
Opinion: a personal belief or judgment that is not founded on proof or certainty.
Observation: any information collected with the senses.
Data: factual information, especially information organized for analysis or used to reason or make decisions.
Fact: when an observation is confirmed repeatedly and by many independent and competent observers, it can become a fact.
Religion: Theistic: 1. the belief in a superhuman controlling power, esp. in a personal God or gods entitled to obedience and worship. 2. the expression of this in worship. 3. a particular system of faith and worship.
Religion: Non-Theistic: The word religion has many definitions, all of which can embrace sacred lore and wisdom and knowledge of God or gods, souls and spirits. Religion deals with the spirit in relation to itself, the universe and other life. Essentially, religion is belief in spiritual beings. As it relates to the world, religion is a system of beliefs and practices by means of which a group of people struggles with the ultimate problems of human life.
Belief: any cognitive content (perception) held as true; religious faith.
Faith: the belief in something for which there is no material evidence or empirical proof; acceptance of ideals, beliefs, etc., which are not necessarily demonstrable through experimentation or observation. A strong belief in a supernatural power or powers that control human destiny.
Dogma: a religious doctrine that is proclaimed as true without evidence.
[Last revised 2/23/06]
This seems to be right on the money.
Absurd is the right word.
The 11th Circuit is speaking to the poor state of the evidentiary record upon which the district court based its decision. The district court will now hold further proceedings and the case could go back up to the 11th Circuit, depending on what happens.
Agreed. But if you believe the purpose of the stickers is secular, I know of a nice guy in Nigeria who could use your help with a financial matter.
Be careful what you ask for. The new judges are not the type to overturn long established precedent.
Second, you will be really sorry if teachers are required to critically examine evolution. This will require teaching geology, radiometric dating methods, EVR, recent experiments demonstrating evolution in the laboratory.
Evolution is miles deep, and the more evidence you examine, the stronger it looks.
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