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Why It's Unconstitutional to Teach "ID" in the Public Schools, as an Alternative to Evolution
Findlaw.com ^ | December 22, 2004 | MICHAEL C. DORF

Posted on 12/22/2004 11:39:49 AM PST by ThinkPlease

Last week, the American Civil Liberties Union sued the Dover, Pennsylvania School Board. The ACLU argues that the School Board violated the Constitution's Establishment Clause by mandating that students in public school biology classes be taught the theory of "intelligent design" as an alternative to evolution.

Proponents of intelligent design--which is closely related to what is sometimes called "creationism"--point to gaps in the fossil record and other uncertainties to argue that evolution by natural selection cannot explain the emergence of new species. They contend instead that an intelligent agent must have been guiding the course of life on Earth.

Evolution opponents have recently scored political victories outside Dover, Pennsylvania as well. In Cobb County, Georgia, public school textbooks discussing evolution must now contain a disclaimer warning that evolution is "a theory, not a fact." That policy, too, is the subject of pending litigation.

And the November election returns in Kansas have given critics of evolution a majority on that state's school board. It is only a matter of time until Kansas mandates the teaching of alternatives to evolution.

Yet Supreme Court precedent holds that state-sponsored attacks on evolution in the public schools are unconstitutional. Why, then, are evolution opponents in Dover, Cobb County and Kansas, trying to change curricula? Aren't these efforts doomed to fail once they are challenged in court? Are the evolution opponents engaging in mere symbolic protest?

The surprising answer is: Perhaps not. That is because the leading Supreme Court decision, in the 1987 case of Edwards v. Aguillard, contains an apparent loophole that evolution's critics may hope to exploit.

(Excerpt) Read more at writ.news.findlaw.com ...


TOPICS: Culture/Society; Philosophy
KEYWORDS: aclu; churchandstate; creation; crevolist; education; evolution; homosexualagenda
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This oughta open up a can of worms. The article sums up likely legal arguments to be used by the Thomas More Lawyers, and likely rebuttals. I don't agree completely with the title of the editorial, but I wholeheartedly agree with the sentiments. It goes with something I've been asking for sometime:

What is the scientific theory of intelligent design?

How do you test it?

Until proponents answer those questions with answers from research programs, there's no question that it shouldn't be taught in a science class.

1 posted on 12/22/2004 11:39:50 AM PST by ThinkPlease
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To: PatrickHenry

One for your list-o-links.


2 posted on 12/22/2004 11:40:41 AM PST by ThinkPlease (Fortune Favors the Bold!)
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To: ThinkPlease
How do you test it?

How do you test to see if a sharp piece of flint is just a natural rock or has been shaped by an intellegent being?

3 posted on 12/22/2004 11:41:08 AM PST by Buggman (Your failure to be informed does not make me a kook.)
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To: ThinkPlease
What is the scientific theory of evolution?

How do you test it?

Cordially,

4 posted on 12/22/2004 11:41:57 AM PST by Diamond
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To: ThinkPlease
What is the scientific theory of evolution?

How do you test it?

Cordially,

5 posted on 12/22/2004 11:42:07 AM PST by Diamond
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To: Buggman
How do you test to see if a sharp piece of flint is just a natural rock or has been shaped by an intellegent being?

Exactly. It's up the IDers to determine scientific tests of their theory and give it a run for it's money. So far I don't see anyone doing that.

6 posted on 12/22/2004 11:42:43 AM PST by ThinkPlease (Fortune Favors the Bold!)
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To: ThinkPlease
ID is more philosophy than science, so no, it shouldn't be taught in science classes.

But the same is true for atheistic portrayals of evolution. Insistence that complex systems arose without intelligent direction is just as much a philosophical/religious stance, and just as inappropriate for anything that claims to be science.

7 posted on 12/22/2004 11:46:37 AM PST by Sloth (Al Franken is a racist.)
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To: ThinkPlease

Why teach either? It's not as though evolution is one of the fundamental sciences. You can get along very well in life without understanding it. It's more important to learn the 3 Rs.


8 posted on 12/22/2004 11:47:13 AM PST by Brilliant
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To: Diamond
What is the scientific theory of evolution?

See A definition of evolution

How to test it? There are many ways, the most simplistic is to find a fossil drastically out of sequence in the fossil record, in a place untouched by any sort of catastrophe. This is a good idea of what scientific means, as well as tests.

9 posted on 12/22/2004 11:48:15 AM PST by ThinkPlease (Fortune Favors the Bold!)
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To: ThinkPlease

ID assumes that anything that cannot be explained is necessarily evidence for design.

Actually the sharp rock question is at the center of a number of ongoing controversies.

IDers argue that we have a spidey sense that detetects design. It will be interesting to see if this can ever be defined in a useful way.


10 posted on 12/22/2004 11:48:38 AM PST by js1138 (D*mn, I Missed!)
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To: Brilliant
Why teach either? It's not as though evolution is one of the fundamental sciences. You can get along very well in life without understanding it. It's more important to learn the 3 Rs.

I think the main thrust of most curricula is to teach evolution in Biology courses in the junior and senior high school levels, well past the time of the three 'R's.

11 posted on 12/22/2004 11:49:43 AM PST by ThinkPlease (Fortune Favors the Bold!)
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To: ThinkPlease

Put that aside for a moment: Do you agree that such a test is possible to construct and scientific to pursue?


12 posted on 12/22/2004 11:49:51 AM PST by Buggman (Your failure to be informed does not make me a kook.)
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To: Buggman

"How do you test to see if a sharp piece of flint is just a natural rock or has been shaped by an intellegent being?"


The crystalline structure of a human-chipped flint will be far different on the surface than that of a naturally-chipped piece of rock, which will contain no 'impact-altered' faces.


13 posted on 12/22/2004 11:50:04 AM PST by Blzbba (Conservative Republican - Less gov't, less spending, less intrusion.)
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To: ThinkPlease

BTTT. Can't leave you all alone to fight the argument. :-)


14 posted on 12/22/2004 11:50:20 AM PST by RadioAstronomer
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To: ThinkPlease

Yes, it's gonna find a place there. Alas, we've got so many crevo threads going now, this one will get lost in the shuffle. But I'm gonna ping the list anyway.


15 posted on 12/22/2004 11:51:25 AM PST by PatrickHenry (The List-O-Links for evolution threads is at my freeper homepage.)
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To: js1138
IDers argue that we have a spidey sense that detetects design. It will be interesting to see if this can ever be defined in a useful way.

Agreed. I wasn't trying to be flippant, so much as to show that it is an important question to be answered.

16 posted on 12/22/2004 11:51:31 AM PST by ThinkPlease (Fortune Favors the Bold!)
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To: PatrickHenry; ThinkPlease
Alas, we've got so many crevo threads going now, this one will get lost in the shuffle

I can't keep up!

17 posted on 12/22/2004 11:52:07 AM PST by RadioAstronomer
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To: ThinkPlease

There are all manner of scientific and mathematical "theories" that are no more or less "provable" than intelligent design. According to your logic, schools would be forbidden from teaching chaos theory, transfinite numbers, causal factors of diabetes, just to name a few. With ID, we are talking about a theory of promulgation of life that can be evaluated from a scientific standpoint. Evaluated, not necessarily proven. Until someone can tell me what "religion" is established, or what "free exercise" of religion is hindered, by discussing this theory, they have no basis for calling such discussion unconstitutional.


18 posted on 12/22/2004 11:52:25 AM PST by Luddite Patent Counsel ("No man's life, liberty or property is safe while the Legislature is in session.")
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To: ThinkPlease

They still don't know the 3 Rs though.


19 posted on 12/22/2004 11:52:46 AM PST by Brilliant
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To: VadeRetro; Junior; longshadow; RadioAstronomer; Doctor Stochastic; js1138; Shryke; RightWhale; ...
EvolutionPing
Not a list for the creationism side of the debate. See the list's description in my freeper homepage. Then FReepmail to be added/dropped.

20 posted on 12/22/2004 11:54:21 AM PST by PatrickHenry (The List-O-Links for evolution threads is at my freeper homepage.)
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