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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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To: freedumb2003; metmom

But that isn't what it says now is it. Evolution is a theory only...as Creation is a theory looking at it from a general view, etc....yes, I want my children taught that Evolution is a theory because it is. Physics is not necessarily a theory...as planes do fly...but, I doubt I came from a self evolving form of primate. :)))) you people just make my day.....lolol


61 posted on 05/26/2006 2:51:21 AM PDT by tgambill (I would like to comment.....)
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To: Hoodat
Whee!! At the time the first autotrophs evolved, there was no oxygen!

And good luck doing much with nitrogen. You need to go review your chemistry.

62 posted on 05/26/2006 4:22:40 AM PDT by ahayes (Yes, I have a devious plot. No, you may not know what it is.)
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To: Hoodat

Oh yes, and oxygen is a completely unworkable source for energy to build sugars. Chemosynthetic organisms that do not use carbon dioxide and light are dependant on other sources of energy such as carbon dioxide or methane and hydrogen sulfide or ammonia.

Also note that plants build sugars in photosynthesis only to consume them by aerobic catabolism.


63 posted on 05/26/2006 4:37:45 AM PDT by ahayes (Yes, I have a devious plot. No, you may not know what it is.)
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To: Fester Chugabrew
blah, blah, blah, ........ "whaaaaahhhhhhhhh :( people won't let us blindly brain wash their children any more, and they want some input as to how concrete our atheistic theory is taught." weep, weep sob sob.

Is the sticker wrong, I mean evolution is an unproven theory isn't it, we aren't lying, or has it recently been proven fact? Oh but then wouldn't it be the FOE and not the TOE?
64 posted on 05/26/2006 4:49:47 AM PDT by whispering out loud (the bible is either 100% true, or in it's very nature it is 100% a lie)
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To: whispering out loud; Coyoteman; PatrickHenry; Dimensio
Evolution offers some elegant and powerfully compelling explanations for how life has developed on this planet. But it fails miserably in explaining how life got jumpstarted in the limited time available to it. And some of its key tenets, such as Darwin's and Dawkin's contention that there must be a seamless web comprising a nearly infinite number of transitional species leading to the present species, is simply not supported by the evidence.

Darwinists take the problems of origin and lack of evidence of transitional species on faith buttressed by a few miserable conjectures. They wince and retreat from the bright harsh light offered by other disciplines, such as mathematics/combinatorics, that show how outrageously implausible their faith claims are.

Darwinists deceitfully malcharacterize Intelligent Design theory as superstition and metaphysics when in fact it is fully rational (arguing solutions by best inference) and based wholly and solidly in natural phenomena (information, Shannon entropy, and artifacts of intelligence and design).

Darwinists are in a panic because their miserable and shabby faith claims are being challenged by strong and original thinkers who are asking why evolution, if it is science, needs to be propped up and defended by the state from criticism.

Judge Jones of Kitzmiller infame, a lightweight, embarrasingly unoriginal and petty little thug of a thinker, thought he could defeat the honest critics of intellectually bankrupt Darwinism by judicial fiat. But how did a theory of science come to require the protection of the ACLU and the state?

Judge Jones and the intellectually slothful high priests of Darwinism would do well to remember Thomas Jefferson's admonition: “It is error alone which needs the support of government. Truth can stand by itself.”

65 posted on 05/26/2006 5:21:56 AM PDT by JCEccles ( “It is error alone which needs the support of government. Truth can stand by itself.” Jefferson)
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To: ahayes

OK, this raises a question I've had but keep forgetting to ask. How do scientists know what the early chemical composition of the Earth's atmosphere was? The atmosphere that existed before life began and at it's earliest beginnings.


66 posted on 05/26/2006 5:30:09 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Doctor Stochastic

"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."

Then where's the proof that evolution is a fact? When did Science claim the break through and announce that evolution is no longer a theory but a proven, irrefutable fact of science.

Date and article please.


67 posted on 05/26/2006 5:35:56 AM PDT by Leatherneck_MT (An honest man can feel no pleasure in the exercise of power over his fellow citizens.)
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To: durasell
...we're running a massive trade surplus.

What, exactly, does this mean?

68 posted on 05/26/2006 5:36:11 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going....)
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To: Virginia-American
"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."

It is the evolutionists who are misrepresenting science. Take for instance, Leshner, the CEO of the AAAS, who relies entirely on misinformation to make his case (see here for a discussion on the topic).

When evidence is presented against the Darwinistic view of life, they just say "oh, we already knew that" as if that invalidated the argument (for an example of that on this board, see here, also see my conversation with Chris Hyland on Uncommon Descent and my summary of all such interactions)

Most evolutionists seem to be completely unaware of what the debate is about anyway, though some of them seem to be intentionally unaware.

69 posted on 05/26/2006 5:38:57 AM PDT by johnnyb_61820
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To: metmom
By the appearance of certain minerals in the sediments. About 3.5 billion years ago the appearance of oxygen caused the deposition of banded iron deposits in a cycle of algae proliferation with iron oxide deposition (in magnetite or hematite), die-off due to toxic levels of oxygen (indicated by interspersed layers of silica), and more iron oxide as the algae reestablished.

There's a pretty picture and a discussion here.

70 posted on 05/26/2006 6:03:35 AM PDT by ahayes (Yes, I have a devious plot. No, you may not know what it is.)
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To: Leatherneck_MT

Theories do not graduate to fact.


71 posted on 05/26/2006 6:14:58 AM PDT by ahayes (Yes, I have a devious plot. No, you may not know what it is.)
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To: ahayes

"Theories do not graduate to fact."

Exactly


72 posted on 05/26/2006 6:18:07 AM PDT by Leatherneck_MT (An honest man can feel no pleasure in the exercise of power over his fellow citizens.)
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To: Leatherneck_MT

If you're going to criticize the theory of evolution for merely being a theory to be consistent you should go forth arguing against Newtonian gravitational theory, the theory of relativity, molecular orbital theory, and the theory of quantum mechanics as well.

Since it is well known in science that a theory is never validated as absolute truth, the attempt to single out the theory of evolution in this manner indicates both an ignorance about science in general and a purposeful attempt to target one scientific theory for political and religious reasons, not because of any scientific objection.


73 posted on 05/26/2006 6:25:55 AM PDT by ahayes (Yes, I have a devious plot. No, you may not know what it is.)
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To: ahayes

Theory is theory is theory is theory. Period.

If it's not proven to be fact, it's theory.

Why is that so hard for evolutionists to understand?

People come in here and constantly attack, flame and demean those with religious beliefs, yet get a stick up their ass when someone questions their dogma.

If you don't like it, don't read it.


74 posted on 05/26/2006 6:32:13 AM PDT by Leatherneck_MT (An honest man can feel no pleasure in the exercise of power over his fellow citizens.)
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To: Leatherneck_MT
"If it's not proven to be fact, it's theory."

Theories don't become facts. Theory is the highest level attained for a hypothesis in science. They are not proven. Facts are not absolute in science either; as data points, they are, like theories, open to revision if new information comes along to warrant it.

Proof is for math and whiskey.
75 posted on 05/26/2006 6:37:36 AM PDT by CarolinaGuitarman ("There is grandeur in this view of life....")
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To: JCEccles
"But it fails miserably in explaining how life got jumpstarted in the limited time available to it. "

As it doesn't attempt to explain the origins of life, your criticism is moot.

"Darwinists take the problems of origin and lack of evidence of transitional species on faith buttressed by a few miserable conjectures."

There is abundant evidence for transitional species.

"Darwinists deceitfully malcharacterize Intelligent Design theory as superstition and metaphysics when in fact it is fully rational (arguing solutions by best inference) and based wholly and solidly in natural phenomena (information, Shannon entropy, and artifacts of intelligence and design)."

ID is a sham to sell books.

"Judge Jones of Kitzmiller infame, a lightweight, embarrasingly unoriginal and petty little thug of a thinker, thought he could defeat the honest critics of intellectually bankrupt Darwinism by judicial fiat. But how did a theory of science come to require the protection of the ACLU and the state?"

It doesn't have the protection of the state. It is ID that was trying to get the protection from the State, as it had failed miserably in the marketplace of ideas. It wants to be science without doing what science demands, provide a testable hypothesis.
76 posted on 05/26/2006 6:42:16 AM PDT by CarolinaGuitarman ("There is grandeur in this view of life....")
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To: Leatherneck_MT
Theory is theory is theory is theory. Period.

If it's not proven to be fact, it's theory.

Once again you're missing the point. A theory cannot be proven to be fact by definition. Suggesting this as a possibility for any theory is just silly.

People come in here and constantly attack, flame and demean those with religious beliefs, yet get a stick up their ass when someone questions their dogma.

I am not responsible for the hypothetical actions of hypothetical others, attacking me with this basis just makes you look bitter and hyper-reactive.

If you don't like it, don't read it.

Although I usually see this line used by teenage fangirls who just got a negative review for their fan fiction shipping Aragorn and Legolas (cuz they're hawt, duh), I will stifle my giggles and say, "Same to you, buddy."

77 posted on 05/26/2006 6:46:21 AM PDT by ahayes (Yes, I have a devious plot. No, you may not know what it is.)
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To: Hoodat

This is the night the lights went out in Georgia.


78 posted on 05/26/2006 6:47:49 AM PDT by HostileTerritory
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To: durasell; puroresu
The thing that's collapsing the schools is an unwillingness to pay for them for whatever reason.

Not really. Although people are unwilling to pay for public education, they do because the consequences of not paying school taxes are not worth it. The schools get their money.

As a matter of fact, all the reports I've read show a reverse correlation between the amount of money spent per pupil and the quality of their education. The more money spent, the worse it tends to be.

79 posted on 05/26/2006 6:49:18 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: ahayes

One of the features of a constitutional republic is that voters and their elected officials can make value judgments. We can choose George Bush to be our president over John Kerry, and we can do so for any damn reason we please. We can do so (for example) because we want a more Christian nation and feel that George Bush's opposition to abortion and gay "marriage" is preferable to Kerry's opposite stances on those issues.

It's not the place of a judge to psychoanalyze voters and disqualify their choice if he deems it to be "religious" or "stupid". Thus, the courts can't overturn Bush's election on the grounds that Christians helped elect him. Or because the "smart" people at Harvard and Yale mostly voted for Kerry. After all, if only secularists had voted, Kerry would surely have won.

Value judgments are made all the time by voters and/or officials. Is it a violation of "separation of church and state" if voters approve a ban on gay "marriage"? What if a state legislature bans tax funding of abortions, while continuing to fund every other legal medical procedure?

All you're telling us is that more people disbelieve the theory of evolution than disbelieve the theory of quantum mechanics. That's true, but how is that a constitutional issue? Is it constitutionally obligatory to believe in the theory of evolution?


80 posted on 05/26/2006 6:49:42 AM PDT by puroresu (Conservatism is an observation; Liberalism is an ideology)
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