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.
Nope, you'll have to do that for me. I'm not a paper geek.
In your own words, what specific process or phenonemon required by evolution is impossible?
How would an evolutionist explain the phenomenon of homosexuality? It should have died out according to natural selection.
Discovery Institute's "Wedge Project". Replacing science with theism.
The Wedge at Work. The Discovery Institute's war against reason.
The "Wedge Document": "So What?" The Discovery Institute defends the Wedge document.
The evolution I was taught growing up included abiogenesis.....protein stew, lightning bolt, simple life, etc.
I'm sure you remember if you're my age.
But it is not a question for courts to decide, is it? By attempting to use the courts to disqualify a scientific theory because it has religious overtones sets a very bad precedent. IOW you are relying on the courts to validate your own scientific theories and to invalidate the theories of those with whom you disagree. Is that what you want?
Or would you prefer to just have an open no-holds-barred discussion in the schools and let students use their minds, instead of their lawyers, to resolve these conflicts?
Hmmmm?
What the hell are you afraid of?
Yep, Thor was cool.
Hmm. Do I see a Theory of life-after-death here?
Again, we need to see some evidence. Everyone knows that many scams promoted by 'spiritualists' to communicate with the departed. We all know about self-proclaimed "psychics" who claim to know the dearly departed. We all know about priests and pastors who claim that reunion with the dearly departed will be possible if we "believe enough", pray "enough", and tithe "enough".
Money interests are always important--charlatans need to have an income, too!
It is hard to measure "failure to attain eternal life". The respondents from Hell are few; the respondents from Heaven are few. Those that claim to"know God" make claims, but they never tell the rest of us God's email address. This secretiveness about knowing "God's will" is rather weird.
As an hypothesis: I suggest that all those who claim to know about God are making it all up in their minds. There is some evidence for this 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" Thanks to coyoteman at post 15.
Yep, he could really put the hammer down!
It is a deviant trait -- like pedophelia, masochism, peanut allergies and other abberations.
It is an unnatural URGE, which, left to die on its own would, in time. But evolutionary time is long and the human brain is extremely complex. To suggest that bizzarre urges will be "evolved" away is a simplistic perspective.
The earth was only 4 Billion years old then. Now it's like 4.6 billion years old.
You are a lot older than you think.
You know that isn't part of any theory of evolution, but I suppose red herrings fill your quiver.
We are unlikely to ever know enough about the early conditions on earth to figure out the one true scenerio for first life. Perhaps it was zapped into existence by god. That's OK with me.
But what process or phenomenon required for evolution do you think is impossible?
"What would falsify the theory that whales evolved from land mammals? Nothing could ever do that. It is accepted as a given."
False again. First -- I said evolution was falsifiable. To falsify evolution, you would have to come up with a refutation of evidence -- a refutation, not just a denial based on feelings. Or -- you could come up with a better explanation for the evidence -- an explanation that fits the evidence better than the "default" one.
Second -- even if the idea that whales descended from land animals were to be refuted successfully -- that would not be enough to falsify the theory of evolution. It would only falsify this one specific point -- a point that evolution does not rely on for its validity.
Third -- the theory of whale evolution has never been accepted as "just a given." It has been built up painstakingly, on the basis of a lot of evidence.
Fourth -- you could falsify the whale evolution evidence by showing that it is false, or misinterpreted, or invented. Or you could -- again -- provide an explanation for the observed facts that makes better sense than the "default" explanation. Or you could provide alternative evidence. Got any? And remember -- "I can't and won't believe that!" is not evidence.
And last -- why didn't you answer my questions? Notice that I did answer yours. I am sure it was just an oversight. Here ya go:
What could falsify creationism? Or ID? I have never been able to get a creationist to answer this question. I wonder why?
Do you have a legal point to make? I am here to discuss the legal issues involved in this case.
If you want to argue religion, we have a religion forum. You are welcome there anytime.
I do recall saying that Jones' decision in the Dover case meant next to nothing and would have virtually no influence anywhere else; and that it was not binding on any parties other than those directly involved in that case.
The evolutionists who said I was wrong are mistaken. The 11th Circuit is basically telling Jones to kiss off. In the future, Jones will be ridiculed by his peers behind his back.
It is not NOW part of the teaching of the theory of evolution, but it was THEN.
Were they mistaken?
Homosexuality has no place in evolutionary theory vis a vis humans. If you will think about it you will see natural selection is not operational with respect to humans. We have interfered with it big time.
Bingo. If the ACLU appeals, the USSC will grent Cert if only to toss Lemon onto the ash heap of history.
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