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University of California system sued over creationism
National Center for Science Education ^ | 08 September 2005 | Staff

Posted on 09/15/2005 6:36:25 PM PDT by PatrickHenry

Creationism is prominent in a recent lawsuit that charges the University of California system with violating the constitutional rights of applicants from Christian schools whose high school coursework is deemed inadequate preparation for college. The complaint was filed in federal court in Los Angeles on August 25, 2005, on behalf of the Association of Christian Schools International (ACSI), the Calvary Chapel Christian School in Murrieta, California, and a handful of students at the school. Representing the plaintiffs are Robert H. Tyler, a lawyer with a new organization called Advocates for Faith and Freedom, and Wendell R. Bird of the Atlanta law firm Bird and Loechl.

Bird is no stranger to litigation over creationism. As a law student in the late 1970s, he published a student note in the Yale Law Journal sketching a strategy for using the free exercise clause of the First Amendment to secure a place for creationism in the public school science classroom. Bird later worked at the Institute for Creation Research, where he updated its model "equal-time" resolution. The ICR's resolution eventually mutated, in Paul Ellwanger's hands, to become model "equal-time" legislation. A bill based on Ellwanger's model was passed in Arkansas in 1981 and then ruled unconstitutional in McLean v. Arkansas.

Although Bird was not able to participate in the McLean trial -- he sought to intervene on behalf of a number of creationist organizations and individuals, but was not allowed to do so -- he was involved in Aguillard v. Treen, which became Edwards v. Aguillard. Named a special assistant attorney general in Louisiana, Bird defended Louisiana's "equal-time" act all the way to the Supreme Court, where in 1987 it was ruled to violate the Establishment Clause. His The Origin of Species Revisited, which compared evolution and "abrupt appearance," was subsequently published (in two volumes).

At issue in the present suit are the guidelines set by the University of California system to ensure that first-year students have been adequately prepared for college in their high schools. The complaint (1.6M PDF) cites a policy of rejecting high school biology courses that use textbooks published by Bob Jones University Press and A Beka Books as "inconsistent with the viewpoints and knowledge generally accepted in the scientific community." Such a policy, the complaint alleges, infringes on the plaintiffs' rights to "freedom of speech, freedom from viewpoint discrimination, freedom of religion and association, freedom from arbitrary discretion, equal protection of the laws, and freedom from hostility toward religion."

Robert Tyler told the Los Angeles Times (August 27, 2005) that "It appears that the UC system is attempting to secularize Christian schools and prevent them from teaching from a [Christian world] view." But creationism is a matter of theology, not of science, Robert John Russell of the Center for Theology and Natural Science told the Oakland Tribune (August 31, 2005). "It's almost ludicrous anyone would even take this seriously," Russell said. "It seems absurd that a student who had poor biology would meet the same standards as a student with 'good' biology. ...This has nothing to do with First Amendment rights."

A spokesperson for the University of California system would not comment on the specific allegations leveled in the complaint, but told the Los Angeles Times that the university was entitled to set course requirements for incoming students, adding, "[t]hese requirements were established after careful study by faculty and staff to ensure that students who come here are fully prepared with broad knowledge and the critical thinking skills necessary to succeed."

In its fall 2005 newsletter, ACSI expresses concern that the University of California system's "secular intolerance might spread to other institutions and to other states. ... If this discrimination is allowed to continue unchallenged, it is only a matter of time before secular institutions in other states will join the bandwagon." Interviewed by Education Week (September 7, 2005), however, a spokesperson for the American Association of Collegiate Registrars and Admissions Officers expressed the opposite concern, reportedly worrying "about the potential implications of asking a university to ignore its course requirements -- which had been shaped by experts in various fields -- in favor of a 'free-for-all,' in which any interest group is allowed to shape policy."


TOPICS: Culture/Society; Miscellaneous; Philosophy
KEYWORDS: creationism; crevolist; evolution; herewegoagain
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To: PatrickHenry

Let me just add one more thing. The UC system is desperately trying to hit their minority quota despite the bar on affirmative action. Since I suspect most of the Christian schools are predominantly white, I bet they're truly delighted to be handed on a silver platter a defensible excuse to exclude these students.


161 posted on 09/16/2005 9:17:02 AM PDT by Right Wing Professor
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To: curiosity

Oh so your religion is right and those Protestants are ignorant????

Looks to me you have invited a big issue of separation of religion and state into this equation.


162 posted on 09/16/2005 9:19:59 AM PDT by Just mythoughts
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To: johnnyb_61820
If a textbook based on the Raelian movement teaches EVERYTHING that is in the standard textbooks, AND teaches Raelianism,

What you are missing is that science is not a set of facts to be memorized. It is an approach to gaining knowledge, and the scientific approach involves methodologies and (gasp) assumptions.

Colleges can buy computers that have all the facts stored away. What they want are students who understand the principles of research.

163 posted on 09/16/2005 9:23:00 AM PDT by js1138 (Great is the power of steady misrepresentation.)
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To: Right Wing Professor
I bet they're truly delighted to be handed on a silver platter a defensible excuse to exclude these students.

Good point. And I'm sure that many in UC would undoubtedly like to exclude Christian students as well. Should they win this case, and I think they might, they'll have license to exclude every Christian applicant.

164 posted on 09/16/2005 9:23:50 AM PDT by narby
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To: Vive ut Vivas
I love it when creationists think they know more about science than scientists, I love it.

that same reasoning is used around here when people think they know Gods word more than others. Especially atheists and/or agnostics.

165 posted on 09/16/2005 9:24:22 AM PDT by wallcrawlr (http://www.bionicear.com)
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To: curiosity
The same cannot be said for schools of a Protestant fundamentalist bent.

Pointless flame bait from a Christian. Totally unnecessary.

166 posted on 09/16/2005 9:27:19 AM PDT by wallcrawlr (http://www.bionicear.com)
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To: Right Wing Professor

why not just replace the rib that was taken? A 13th rib makes no sense.


167 posted on 09/16/2005 9:28:20 AM PDT by JakeWyld ("If it isn't one thing. It will probably be another". --My Grandfather)
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To: Doctor Stochastic
Set theory isn't required throughout high-school, ....

It ought to be.....

168 posted on 09/16/2005 9:31:47 AM PDT by longshadow
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To: wallcrawlr
that same reasoning is used around here when people think they know Gods word more than others. Especially atheists and/or agnostics.

You're assuming that there is a "correct" interpretation of Gods word. With so many Christian denominations, many with drastically different understandings of Gods word, how do you pick the one that is "correct"?

I'm sure you think that your interpretation is correct. But I guarantee you that there are many who have studied Gods word much more than you who would disagree with you on any number theological points.

I'm not claiming that I've studied Gods word more than you. But to assume that there is a single Christian theology is just wrong.

This is one reason why I abandoned my faith. If there were an omnipotent God, then He would have the ability to give the whole of humanity a single understanding of Him. Since there are hundreds of Christian theologies, and thousands of other human religions, I must conclude that humans are hard wired to make up their own religion from whole cloth.

169 posted on 09/16/2005 9:36:26 AM PDT by narby
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To: atlaw

Not at all. I'm sure evolution is taught elsewhere in the world. Is UC also critiquing them? Should they not apply the same standards to the foriegn students? If US students who studied from BJU and Abeka are deemed to have an inadequate prep for Life Sciences then shouldn't UC make sure the foreign students cirriculum qualifies? Why have different standards for American citizens and foreign students?


170 posted on 09/16/2005 9:36:36 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: johnnyb_61820
* Robert Gentry -- physicist studying polonium halos in rock

I've heard of him. He uses the polonium halos as "proof" of a young, instantaneously created earth. Then he totally ignores all evidence for how those halos could get in those rocks if the earth were actually billions of years old.
171 posted on 09/16/2005 9:38:44 AM PDT by Dimensio (http://angryflower.com/bobsqu.gif <-- required reading before you use your next apostrophe!)
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To: TaxRelief

My daughter went to a public school and earned two full years of college credits via AP and IB exams. Nothing less than a 4. She was no where near the top of her class.


172 posted on 09/16/2005 9:40:12 AM PDT by js1138 (Great is the power of steady misrepresentation.)
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To: js1138

I didn't say I don't think it's unimportant to know how thing works. Just how it arrived to where it is at now. There are species of animals that are now determined to be closer to humans due to DNA and not just observation of physical characterists. Evoluionists have had to change their views on some creatures relationships to others due to inadequate knowledge. It's not perfect.


173 posted on 09/16/2005 9:42:56 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Right Wing Professor

My oldest daughter got a 1600 math score, and went to public school.


Um... You CAN'T get a 1600 Math score on the SAT. The top total you can get for the whole test is 1600. 800 for math and 800 for verbal. Better check again.


174 posted on 09/16/2005 9:50:48 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom

Sorry. You're right. Been a while. 800 math score.


175 posted on 09/16/2005 9:51:51 AM PDT by Right Wing Professor
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To: Right Wing Professor
My oldest daughter got a 1600 math score, and went to public school

Double the maximum math score, Wow!
176 posted on 09/16/2005 9:57:02 AM PDT by HEY4QDEMS (Ham & Eggs: A day's work for a hen, A lifetime commitment for a pig.)
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To: js1138

Are IB exams like CLEP tests? That reminds me to look into that.


177 posted on 09/16/2005 9:57:06 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom
Why have different standards for American citizens and foreign students?

If there are different standards, it's likely the standards for foreign students are way higher.

178 posted on 09/16/2005 9:58:28 AM PDT by Right Wing Professor
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To: HEY4QDEMS

Corrected in the previous post. Guess your reading score wasn't so hot.


179 posted on 09/16/2005 9:59:07 AM PDT by Right Wing Professor
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To: metmom

IB is a program offered by some schools. It is modeled after European high schools, and is pretty much equivalent to junior college.


180 posted on 09/16/2005 10:00:53 AM PDT by js1138 (Great is the power of steady misrepresentation.)
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