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Student Wins Suit After Teacher Says Creationism 'Superstitious Nonsense'
FOXnews ^ | 04 May 2009 | AP

Posted on 05/05/2009 10:26:46 AM PDT by davidosborne

SANTA ANA, Calif. — A federal judge ruled that a public high school history teacher violated the First Amendment when he called creationism "superstitious nonsense" during a classroom lecture.

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


TOPICS: Culture/Society; News/Current Events
KEYWORDS: academia; christians; creationism; lawsuit; spartansixdelta
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To: Ron Jeremy

I concur 100% -— which is one big reason why I homeschool my kids.. I am all for SEPARATION OF SCHOOL AND STATE !!


21 posted on 05/05/2009 10:55:13 AM PDT by davidosborne (Now that we got rid of Specter..Tell the RNC to DE-FUND Colllins & Snowe !!)
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Right-on! Great for that Student; Great for California. The Teachers Union here is the biggest bastion of whacked-out Liberal ignoramouses than I’ve ever seen or heard of.
(And yes, I’m a part-time Teacher). The Liberals need to be washed-OUT of society and clear minded Conservatives brought in. It’s happening slowly but surely with cases like this and with good people speaking out against the actions of the Liberals in office. Thank God.


22 posted on 05/05/2009 10:59:06 AM PDT by NoRedTape
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To: ClearCase_guy

“To attempt to rigorously scrub organized religion out of the fabric of society (as some people do) is tantamount to establishing a religion.”

Not really. The original intent of the “establishment clause” was obviously to prevent the establishment of a church, of organized religion. Besides, I think it’s an insult to organized religion to call unorganized religion “religion”.


23 posted on 05/05/2009 10:59:18 AM PDT by Tublecane
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To: Steve_Seattle

Apparently, the school administration wouldn’t help this kid out. The kid wasn’t going to stand for it. What’s the next logical step? The courts. And this ruling will send a message to other big-mouthed teachers and unresponsive school administrators. Kids are a captive audience in the public school system. They are required to be there by law. Their parents pay taxes to pay for these “schools.”

They don’t have to put up with this garbage.


24 posted on 05/05/2009 10:59:24 AM PDT by goldi
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To: Tublecane
The original intent of the “establishment clause” was obviously to prevent the establishment of a church, of organized religion.

I don't want to mis-interpret your words, but my first impression is that they are very wrong.

The First Amendment is intended to prevent the US Congress from establishing a national church, such that Baptists are recognized and supported by taxpayer funds, while Episcopalians, Quakers, Methodists, Jews, Muslims, etc. are restricted in some ways within our national boundaries.

After the ratification of the US Constitution, some states still had state churches -- I believe RI was one such state. It was perfectly fine, because it was a state church and not a national church established by Congrees.

The First Amendment protects religious believers from oppression by the national legislative body. It is not intended to protect society from the evil influences of church-goers.

25 posted on 05/05/2009 11:05:39 AM PDT by ClearCase_guy (American Revolution II -- overdue)
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To: goldi

“Why should some kid have to sit in a classroom (presence is mandated by law. Kid can’t just get up and walk out) and put up with some pontificating bozo with a chip on his shoulder?”

I’m all for eliminating compulsory education. But so long as we hold it to be of value for kids to be lectured six hours a day about science, history, democracy, religion, or whatever, why can’t the kid sit there and take it? I did.


26 posted on 05/05/2009 11:05:59 AM PDT by Tublecane
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To: ClearCase_guy
So what would have happened if the teacher had expressed his opinion that homosexuality is perverse? I think everyone can imagine. The legions of the ‘offended’ would descend on him and the school like locusts. He would be sentenced to sensitivity training until the end of time. If it were possible to fire a school teacher he would be fired. No one would defend him or his right to his opinion. He would be beyond the pale, a dreaded homophobic. It would be great if schools were a free fire zone for all opinions and all points of view. But they are not, and as long as they are not this kid has every right to see that he is treated just like all the politically correct little darlings.
27 posted on 05/05/2009 11:07:04 AM PDT by Old North State
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To: Tublecane

However, in an environment CONTROLLED by the state that is hostile to a particular religious expression is the very antithesis of the 1st Amendment’s “...freedom of religion...” clause.

Further, the pushing of the humanism that is the root of the Darwin theory of evolution as being better than alternative views is establishing the religion (as is belief system) of humanism as the state approved religion.


28 posted on 05/05/2009 11:08:41 AM PDT by taxcontrol
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To: Tublecane

Humanism is the root of Darwin and is what is being pushed by the theory of evolution


29 posted on 05/05/2009 11:09:41 AM PDT by taxcontrol
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To: goldi
"Apparently, the school administration wouldn’t help this kid out. The kid wasn’t going to stand for it. What’s the next logical step? The courts."

The next logical step is to put up with the jerk (teacher)and get on with one's life. Obnoxious or tactless behavior is not a violation of the Constitution, even when it dances around the subject of religion, and the Constitution does not protect us from all bad law or from all bad behavior.

I am not defending the teacher or the school administrators; I'm just saying that this is not a constitutional matter. And I don't think it's a constitutional matter when kids sing Christmas songs in public schools or when teachers refer to God in commencement speeches. I think the Founders would be appalled that these kinds of things are now considered to be within the jurisdiction of the Constitution and the federal courts.
30 posted on 05/05/2009 11:10:04 AM PDT by Steve_Seattle ("Above all, shake your bum at Burton.")
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To: Old North State
"So what would have happened if the teacher had expressed his opinion that homosexuality is perverse?"

You are probably correct that such a teacher would be censured and possibly even fired in many school districts. So there is hypocrisy involved, of course. But one thing to keep in mind is whether a teacher's views on homosexuality are within the purview of his subject matter.
31 posted on 05/05/2009 11:13:50 AM PDT by Steve_Seattle ("Above all, shake your bum at Burton.")
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To: davidosborne

Wow - a court offering equal protection to the Christian majority?

I thought that was unconstitutional...


32 posted on 05/05/2009 11:14:08 AM PDT by Tzimisce (http://groups.myspace.com/nailthemessiah)
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To: ClearCase_guy

“I don’t want to mis-interpret your words, but my first impression is that they are very wrong.”

Don’t be so hasty to judge. What I said isn’t any different from your elaboration. Not wanting Congress to establish a national church is exactly what the establishment clause was about. They didn’t want the central government to subsume what should be private authority, like Henry VIII did. Also, they didn’t want to repeat England’s periodic Catholic/Protestant bloodshed.

“After the ratification of the US Constitution, some states still had state churches — I believe RI was one such state. It was perfectly fine, because it was a state church and not a national church established by Congrees.”

Obviously, the Bill of Rights originally only applied to the federal government. After the 14th amendment, I think, there rose this weird legal principle known as “incorporation,” which extended Constitutional protections to state governments.

“The First Amendment protects religious believers from oppression by the national legislative body. It is not intended to protect society from the evil influences of church-goers.”

Of course the First Amendment was intended to protect religious believers; it says as much right after the establishment part. The establishment clause itself was meant to protect us from the evil influence of a national church, and later state churches.


33 posted on 05/05/2009 11:20:27 AM PDT by Tublecane
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To: Tublecane
The establishment clause itself was meant to protect us from the evil influence of a national church, and later state churches.

I agree with your post. My lament is that the First Amendment has been misinterpreted, and the false concept of a "wall of separation" has been bally-hooed about so that now one of the few demographic groups who can be oppressed and marginalized seems to be religious folk. My own brother believes that Christians are barred from serving as president, but that this part of the Constitution is not enforced. While George W. Bush was in the White House, my brother referred to us as a theocracy "no better than Iran".

34 posted on 05/05/2009 11:25:49 AM PDT by ClearCase_guy (American Revolution II -- overdue)
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To: taxcontrol

“Humanism is the root of Darwin and is what is being pushed by the theory of evolution”

“Humanism” is an exceedingly broad set of views; so broad in fact that I hardly think you can call it a movement, much less a religion. But insofar as it presents a consistent set of ideas, it is the basis for the entire modern Western intellectual tradition (individualism, scientism, rationalism, etc.), and as such could never be purged from public schools. Without them becoming seminaries, I guess.


35 posted on 05/05/2009 11:26:00 AM PDT by Tublecane
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To: Steve_Seattle

Well, apparently the judge didn’t agree with you and cited the Establishment Clause of the First Amendment of the Constitution in his ruling.


36 posted on 05/05/2009 11:26:02 AM PDT by goldi
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To: davidosborne
The teacher needs to be corrected, not told to be silent. If he is too stupid to realize that God is real, he is not qualified to teach children. All our founders realized it when they wrote the Declaration of Independence, and thus appealed to the "the Supreme Judge of the world" to judge their intentions.

No serious philospophical support now exists for Naturalism, it is total bunk and quackery, and while I do not object to someone having a right to beleive in it, I must object to them promoting such stupiditiy on children as a paid teacher.

Even a grade school child realizes you don't get something from nothing.

In the words of C.S. Lewis:

If a man says that 'Humpty Dumpty is falling' you see at once this is not a complete story.

37 posted on 05/05/2009 11:26:38 AM PDT by AndyTheBear
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To: taxcontrol

“However, in an environment CONTROLLED by the state that is hostile to a particular religious expression is the very antithesis of the 1st Amendment’s ‘...freedom of religion...’ clause.”

The First Amendment does protect the free exercise of religion. I didn’t read anything about the teacher not allowing the kid to exercise his beliefs. Besides, this case was not about freedom of religion. It was about the establishment of religion.


38 posted on 05/05/2009 11:35:46 AM PDT by Tublecane
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To: Steve_Seattle
Actually, I could see how views on homosexuality could impinge on the science of biology; what I assume was what his teacher, at least ostensibly, was engaged in. Believing homosexuality to be ‘genetically determined’ is a view I often heard but I fail to be convinced on procedural grounds. It seems to me that adopting sex practices that tend to rule you out of the gene pool is not a good idea from an evolutionary point of view. So I could imagine a biology teacher having a negative opinion of homosexuality but I cannot imagine him expressing it for fear of the Inquisition. I was going to say “Gay Inquisition” but I can't bring myself to do it out of concern for the feelings of others. Maybe Queer Inquisition.
39 posted on 05/05/2009 11:39:19 AM PDT by Old North State
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To: goldi

“Well, apparently the judge didn’t agree with you and cited the Establishment Clause of the First Amendment of the Constitution in his ruling.”

And judges are never wrong. Gay marriage in Iowa? Don’t see a problem there. Griswald v Conneticut? Way to go. Roe v Wade? Spot-on. Dred Scott? Here-here. Calder v Bull? Solomonic in its wisdom.


40 posted on 05/05/2009 11:39:48 AM PDT by Tublecane
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