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Evolution Ruling Tossed Out in Georgia
Atlanta Journal - Constitution ^ | 5/26/06 | Kristina torres, Bill Rankin

Posted on 05/25/2006 7:02:37 PM PDT by Hoodat

The federal appeals court in Atlanta on Thursday declined to rule on the constitutionality of controversial Cobb County evolution disclaimers because the court said it did not have enough information to make the decision.

The ruling was the latest twist in a nationally watched case that has raised questions of local authority over schools and whether Cobb's sticker -- which called evolution "a theory, not a fact" -- runs afoul of the First Amendment.

The ruling means more arguments from lawyers and, perhaps, a new trial.

-snip-

The 11th Circuit noted that all parties in the case agree that some evidence presented to Cooper during a four-day trial is now missing. "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," Judge Ed Carnes wrote.

(Excerpt) Read more at ajc.com ...


TOPICS: Government; News/Current Events; US: Georgia
KEYWORDS: 11thcircuit; 11thcircuitcourt; cobbcounty; creation; crevo; crevolist; evolution; fakebutaccurate; georgia; intelligentdesign; lyingleftists; ruling; scienceeducation
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It is great that this decision was overturned. It does not bode well when federal judges dictate to a county school board what can and cannot be placed in that county's textbooks. The fact that the original judge based his ruling upon evidence that didn't exist is pathetic. Fortunately, Cobb County had the perseverence to seek justice at the appellate level.
1 posted on 05/25/2006 7:02:40 PM PDT by Hoodat
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To: Hoodat

I agree, and it is a travesty that the Federal judiciary is involved in this matter at all.


2 posted on 05/25/2006 7:58:39 PM PDT by Malesherbes
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To: Hoodat

Its not obvious to me that this "theory and not fact" thing is enough. Id want some sort of a warning label which said something like "Belief in evolution and the related doctrines of communism and naziism have caused the deaths of upwards of a hundred million people over the last century: caveat emptor".


3 posted on 05/25/2006 8:13:08 PM PDT by tomzz
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To: tomzz
"Belief in evolutiongravity and the related doctrines of communism and naziism have caused the deaths of upwards of a hundred million people over the last century: caveat emptor".

There! That's better. Danged gravity pushers were prominent Communists AND Nazis and almost all of the Jews are gravitationists. It doesn't take a genius to put two and two together.

4 posted on 05/25/2006 8:34:59 PM PDT by Alter Kaker ("Whatever tears one sheds, in the end one always blows one's nose." - Heine)
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Comment #5 Removed by Moderator

To: Hoodat
The warning label should have the names of all the politicians responsible for its existence.

Personally, I'd think that the plaintiffs would have a more open-and-shut case if they sued on grounds of fraud. The CCSC is misrepresenting science.

Another tack, IMO, would be to have the Ga. Legislature impeach the school board members and remove them from office. Forever.

The law specifies that the school board must see to it that science is taught, the school board is trying to get the teachers to lie about science. That's a high crime.
6 posted on 05/25/2006 8:44:43 PM PDT by Virginia-American
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To: Hoodat
The stickers 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."

Good grief, how does that translate into a government endorsement of religion? Shouldn't that be said of any scientific theory? So why the meltdown when it's evolution that's being questioned?

7 posted on 05/25/2006 8:48:42 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom

Amazing, isn't it? Keeping an open mind is a high crime in the Darwinist States of America.


8 posted on 05/25/2006 8:54:53 PM PDT by JCEccles
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To: Hoodat
Most Christians agree with the idea that organized matter performing specific functions might be best explained by intelligent design. Therefore it stands to reason that any stickers in textbooks suggesting the theory of evolution is less than established dogma are an effort to establish a theocracy of superstitious hocus pocus in place of sound reason and science.
9 posted on 05/25/2006 8:55:06 PM PDT by Fester Chugabrew
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To: Virginia-American
The law specifies that the school board must see to it that science is taught

Evolution is still unproven theory. The Cobb County School Board was doing a service to the students. Unlike you, they recognize the actual state of the evolution theory. btw, can you explain how a giraffe 'evolved'? I would love to hear the 'scientific' explanation for that one.

10 posted on 05/25/2006 8:55:22 PM PDT by Hoodat ( Silly Dems, AYBABTU.)
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To: Virginia-American

I would use the incorrect statement on the sticker as an opportunity to point out to the students that those supporting such a sticker don't know what they're talking about.


11 posted on 05/25/2006 9:00:09 PM PDT by Doctor Stochastic (Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
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To: Hoodat

No evolutionist has explained, as far as I've seen, why humans would have evolved to lose all their body hair, which would seem to actually be very protective and a distinct advantage.

Another mystery unsolved.


12 posted on 05/25/2006 9:01:34 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Born Conservative

Public school ping?


13 posted on 05/25/2006 9:02:38 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom
No evolutionist has explained, as far as I've seen, why humans would have evolved to lose all their body hair, which would seem to actually be very protective and a distinct advantage

If all women were hairy like apes (like in Europe) some men might be less attracted to them (today at least). The human race has figured out how to keep warm, but still needs to procreate to survive.

14 posted on 05/25/2006 9:06:22 PM PDT by Cementjungle
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To: metmom

The biggest mystery to me is in regard to plant life. Plants require carbon dioxide to survive, yet our atmosphere consists of only 0.04% CO2. If plants had evolved, they would have found a way to create energy from oxygen or nitrogen instead.


15 posted on 05/25/2006 9:06:55 PM PDT by Hoodat ( Silly Dems, AYBABTU.)
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To: Cementjungle

If everybody were hairy, it would be considered normal, and therefore not unattractive. Hairlessness is not necessarily more attractive than hair, or fur. Ever see a naked mole rat. One ugly creature.


16 posted on 05/25/2006 9:08:43 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Hoodat

Oops. There is already a thread on this. My bad.

http://www.freerepublic.com/focus/f-news/1638340/posts


17 posted on 05/25/2006 9:11:04 PM PDT by Hoodat ( Silly Dems, AYBABTU.)
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To: Hoodat

If science is not done by popular vote, then why are we asking *judges* to determine what science is? Are they qualified enough scientifically to determine that? It seems that one of the big issues is what exactly science is, how it is defined, and by whom.


18 posted on 05/25/2006 9:12:07 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Hoodat

That's OK, I missed the first one. Reruns aren't so bad. Sometimes the discussion is more interesting and takes a totally different track.


19 posted on 05/25/2006 9:13:45 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom
"Good grief, how does that translate into a government endorsement of religion? Shouldn't that be said of any scientific theory? So why the meltdown when it's evolution that's being questioned?"

OK:

Phsyics is a theory, not a fact, regarding the way things work. Many engineers disagree with physics and so it is important the stident realizes this is theory only. This material should be approached with an open mind, studied carefully and critically considered. It is quite possible that angels keep things from touching each other. It is possible that Thetans have imbued their essence in our atmosphere, which is what holds airplanes aloft.

You want your kids to be taught this?

20 posted on 05/25/2006 9:14:37 PM PDT by freedumb2003 (I LIKE you! When I am Ruler of Earth, yours will be a quick and painless death </Stewie>)
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