I’ve gotten a hold of five amicus briefs recently filed in support of the disclaimers placed on Cobb Country, GA biology textbooks. These briefs have been filed with the 11th circuit court and can be found here along with other documents.
The lowlights:
The states of Alabama and Texas argue that separation of church and state does not exist, that biology books are innately hostile towards religion and thus may require a disclaimer to make them neutral towards religion, that the disclaimers accommodate religious students—Do these states accommodate blind students by requiring all textbooks be in Braille?—and that the disclaimers have no creationist language.
Chemists and other scientists, organized by the Discovery Institute, use the standard (and discredited) intelligent design talking points to argue that “neo-Darwinism” and the “chemical origin of life” are controversial, despite the fact that neither of these things are mentioned in the disclaimer. (This brief is a reworking of an amicus brief submitted to the trial court.)
Roy Moore and his Foundation for Moral Law argue that the Lemon test is unconstitutional and that First Amendment does not apply in this case because the disclaimers are not a law establishing a state church.
The Alliance Defense Fund argues that there was only one reason that the trial court found against the disclaimer—There were actually several reasons cited by the trial court.—and that the disclaimer should be upheld because it is similar to anti-liquor, anti-homosexual, and anti-choice laws.
Hare Krishnas argue that the disclaimer does not just support Christians, that ruling against it is being hostile towards religion, and that the disclaimer promotes tolerance towards religious people.
85 Comments
Ed Darrell · 28 April 2005
It would be almost impossible to parody.
Is there any possibility that the court will grant credence to those things? Is there a need to get real information to the court via an amicus?
Great White Wonder · 28 April 2005
It is interesting that extremist Christian groups seem to want to equate their religious beliefs with a handicap or a "special need."
I still am waiting to here why it isn't sufficient to allow the children of "offended" parents simply to leave the room while facts about evolutionary biology are presented -- just as atheists' children are entitled to leave the room when the Prayer of Allegiance is recited.
This seems like a much more narrowly tailored approach to the special needs of the children of religious parents, as compared to smearing the work of scientists wholesale.
The children whose parents believe that their religious indoctrination program is interfered with by certain biology classes can present the required (i.e., tested) information to their children at home, providing all the disclaimers deemed necessary.
This approach has the benefit of not smearing scientists and also allowing the children of parents who aren't afraid of certain scientific facts to be educated without being interrupted by scripted queries from their special needs classmates regarding Noah's Ark, "who designed the outboard motor?", "Nazi theory," etc.
Sir_Toejam · 28 April 2005
well, the only problem i see with that is the "etc." part.
exactly where would it stop? every time there is a controversial issue, half the class walks out?
that starts to sound more like support for private schools and vouchers.
RBH · 28 April 2005
Great White Wonder · 29 April 2005
Greg · 29 April 2005
I'm in no mood to coddle people rendered ignorant by their religion. I saw Nightline this week, with a story on "exorcism" and another on snake handlers. I saw a bunch of people who were clearly mentally ill, including a pregnant woman endangering her fetus by waving a venomous rattlesnake in front of her belly. And these people were merely extending to their "logical" limits beliefs that every orthodox Christian holds--that incorporeal spirits can interact with and even control bodies; and that a mental state, faith, can affect the physical world. I do not think we owe such viewpoints any respect, because they have repeatedly failed in the "laboratory" of human observation and experience.
ID creationism takes up precisely these two points: that an immaterial god can somehow interact with physical reality (my favorite phrase for this was that God "glued tails onto bacteria butts"); and that our mental states--faith and ignorance--somehow have an impact on empirical facts. I do not think we need to accord these opinions, which are if not insane, at least demonstrably erroneous, any respect whatever.
The difference between science and faith is, if something "works" one time out of a hundred in religion---prayer, say---it is considered a success. And if a scientific theory has one verified anomaly, it must be revamped or abandoned. That is not a standard that should be promoted to impressionable children.
That's not very amicus, but it was brief.
Hamumu · 29 April 2005
What absolutely KILLS me is "the disclaimer should be upheld because it is similar to anti-liquor, anti-homosexual, and anti-choice laws."
So not only are gays discriminated against legally, but now the fact that they are is an argument for other idiocy! It's almost a picture-perfect diagram of a slippery slope! After this they can say "requiring kids to pray in school is similar to the biology textbook sticker", then "having separate schools for the 'faith-challenged' is similar to requiring kids to pray in school", and... well, you know where it goes from there, there are trains and showers involved.
BC · 29 April 2005
Great White Wonder · 29 April 2005
Great White Wonder · 29 April 2005
Grant Canyon · 29 April 2005
Grant Canyon · 29 April 2005
Nat Whilk · 29 April 2005
Great White Wonder · 29 April 2005
BC · 29 April 2005
Nat Whilk · 29 April 2005
Great White Wonder:
The term "accommodation" (applied to religion) has appeared in Federal law for over 30 years, long before the ADA, and the concept of religious accommodation in American jurisprudence is, of course, much older. The disabled and the religious are not the only ones that the government makes accommodation for, and among the religious, it is not only Christian extremists who are accommodated. (Jews in the military are permitted to wear yarmulkes, etc.)
Harq al-Ada · 29 April 2005
The difference between accomodating religious dress in government jobs and encouraging ignorance seems obvious. Making kids hear about a theory isn't making them learn it. Hell, if teaching automatically meant learning, our educational problems would be solved. And even if they learn it, they don't have to believe it.
Sir_Toejam · 29 April 2005
"Making kids hear about a theory isn't making them learn it"
perhaps, but it IS encouraging confusion, both about what science is, and what our government is supposed to represent.
when a minority view is forced upon students in a public school, of what value is that?
perhaps only as a lesson in politics, nothing more.
Nat Whilk · 29 April 2005
Reed A. Cartwright · 29 April 2005
Great White Wonder · 29 April 2005
socrateaser · 29 April 2005
All,
After skimming through the majority of the posted briefs, I think it's appropriate to mention a very important rule of appellate law:
No fact, not introduced at trial, may be considered on appeal.
It occurs to me, that regardless of how well or poorly thought out most of the submitted appellate briefs are, they all suffer from the almost wholesale disregard for the above-stated rule. So, if the appellate judges are doing their respective jobs, then they must ignore every reference to any scientific text, document, journal, etc., that was not offered into evidence during the trial.
This would render most of the offered briefs completely meaningless.
As "position" papers, however, the briefs certainly give you an idea of where the different parties stand on the issues.
I can practically guarantee that the judges considering the merits of this case, will pretty much ignore all of the scientific debate, and concentrate solely on whether the text on the sticker creates an "unnecessary entanglement" between the State and religion. And, I don't really think that the sticker does this -- it's pretty non-committal (and pretty lame).
So, although I find the entire notion of some deity stirring up a mixture of amino acids and dumping it into the atmosphere, absurd, I really think that the scientific community would be better off just letting the public schools teach whatever nonsense they wish to teach.
Because, by standing so solidly against teaching nonsense, you appear to be trying to hide something from the public, which gives your critics lots of useful ammunition -- when in reality, you really have nothing to hide -- and your critics are mostly shooting blanks.
roger tang · 29 April 2005
"I really think that the scientific community would be better off just letting the public schools teach whatever nonsense they wish to teach."
As a matter of self-interest, this would be self-defeating, you know.
Sir_Toejam · 29 April 2005
"It simply is not the Federal government's job to preserve their evidently weak faith or their increasingly inconsistent and unintelligible "values"."
no, but it apparently is in their best self-interests to do so, in order to maintain (or not piss off) their political powerbase.
Sir_Toejam · 29 April 2005
"by standing so solidly against teaching nonsense, you appear to be trying to hide something from the public"
that's funny.
I thought the public relied on science to tell them "the facts" for most things, should science now abandon this mission in favor of random ideas?
If the public thinks scientists are hiding anything, they are certainly welcome to take a closer look. However, without proper grounding in science to begin with... if we allow "the teaching of nonsense" as acceptable, how on earth will they know what they are looking at?
Great White Wonder · 29 April 2005
Sir_Toejam · 29 April 2005
@socrateaser:
you might want to also check the thoughts shared in this thread:
http://www.pandasthumb.org/pt-archives/000949.html
cheers
JimboK · 29 April 2005
If ID is not religious than why is former judge Roy Moore arguing that there is no such thing as the separation of church and state in the U.S. constitution? Just wondering....
Harq al-Ada · 29 April 2005
I was talking about evolutionary theory, not ID.
socrateaser · 29 April 2005
Sir_Toejam · 29 April 2005
... and churches do that job just fine.
"Rev Dr" Lenny Flank · 29 April 2005
Great White Wonder · 30 April 2005
Frying Tiger · 30 April 2005
socrateaser · 30 April 2005
"Rev Dr" Lenny Flank · 30 April 2005
socrateaser · 30 April 2005
Sir_Toejam · 30 April 2005
@socrates:
"Fortunately, if this occurs, the scientific community will likely become even more diligent than it already is, in filling any gaps of evolutionary theory with hard facts, so as to render disclaimer stickers re evolution irrelevant."
look, you obviously don't understand.
1. whatever "gaps" exist are far overblown by those who don't understand the science.
2. evolutionary theory is MORE solid than general relativity. there is MORE evidence to support this theory, and more legitimate tests to attempt to disprove it, than any theory in history.
3. At the current rate of decline in funding for science overall, why on earth would you think it to be a good thing to suggest that more religious belief would somehow "strengthen" science??
your ignorance of the issue is astounding.
Great White Wonder · 30 April 2005
Ed Darrell · 30 April 2005
Aguillard supported a summary judgment in the District Court in Louisiana, which was based wholly on the facts determined in McLean. In the Arkansas trial there was no science backing creationism -- and each and every one of the creationists deposed noted that creationism was based in scripture. But following the decision, it becomes clear that all that is necessary for real science to make it into the textbooks is to be science, come up with hypotheses, test them, and publish the results.
One can dispute whether a simple lack of results is firm indication of religious intent, but the reality is that, were there science, there would be no difficulty in getting into the textbooks. Were there science, no legislation would be necessary, not from a school board, not from a state legislature, not from Congress.
Legislation is only necessary to get religious stuff in the science books.
The board in Dover ordered it into the curriculum? What more proof is required? The board in Cobb County ordered the stickers? What more powerful evidence of religious bent could be possible?
The more I think about it, the more I think that perhaps Dickson v. Settle is a more apt precedent -- in that case, the courts held that there is no free speech right to get out of doing one's homework.
ID hasn't done its homework. It has no right to claim a passing grade for work not handed in.
socrateaser · 30 April 2005
"Rev Dr" Lenny Flank · 1 May 2005
socrateaser · 1 May 2005
"Rev Dr" Lenny Flank · 1 May 2005
socrateaser · 1 May 2005
Sir_Toejam · 1 May 2005
look - why do you the "wedge document" is named so?
you are falling to the very same argument the IDers themselves use.
Sir_Toejam · 1 May 2005
er, add "think" after "you"
"Rev Dr" Lenny Flank · 1 May 2005
"Rev Dr" Lenny Flank · 1 May 2005
socrateaser · 1 May 2005
Sir_Toejam · 1 May 2005
"The majority of the U.S. people do not accept Evolution as truth. Instead, the average person believes that 2,000 years ago, an uncharacteristically white looking Hebrew gentleman, with really long, straight hair, routinely defied the most fundamental laws of physics on a daily basis, apparently by application of will alone."
not true. check the gallup poll results for the last 20 years. the number is significant, but not a majority.
moreover, the people pushing AGAINST evolutionary theory (YEC's) are far in the minority. they just scream louder.
"If anyone needs proof of this assertion, just read the box office receipt numbers for Mel Gibson's recent movie, "The Passion of the Christ.""
lol. that's some "proof" alrighty. has NOTHING to do with people wanting to see a controversial movie, or folks who simply like to see gore ont the screen.
"The jury's still out on Evolution." --- U.S. President George W. Bush
what a silly soundbite. that boy has no clue what he is talking about half the time. Although, his own scientific advisor accepts evolutionary theory.
your "reverse wedge" argument isn't even worthy of a chuckle.
socrateaser · 1 May 2005
Sir_Toejam · 1 May 2005
one, i said your "reverse wedge" argument was silly.
two, the numbers you put up support what i said:
"ALMOST half of Americans believe God created humans 10,000 years ago"
that's not a majority, tho it is significant, and you would also find that number being less when you include.. ". A third of Americans are biblical literalists "
so there isn't a majority now, is there.
what, did you think i mentioned the poll because i hadn't read it?
you're being silly. make some sense in your next post, as i see no reason to continue as it is now.
"Rev Dr" Lenny Flank · 1 May 2005
"Rev Dr" Lenny Flank · 1 May 2005
frank schmidt · 1 May 2005
Those of us who teach science to nonscientists recognize that the problem isn't only about evolution. Most people believe, e.g., that Wile E. Coyote goes off the cliff in a straight line until he stops to notice that he is in thin air, then falls straight down, and when pressed, also believe that Earth is stationary and the Sun revolves around it.
That doesn't stop them from supporting the Space Program. The big problem with evolution is that it has religious overtones to some people, and that they fear that if any little bit of their belief system is overturned, then all of it will crash. Ken Miller has a story in his book where he got a creationist to admit he was wrong, only to find him repeating the same stuff next chance. His conclusion: he reckoned the cost of logic was too high, and that all his beliefs about morality, etc., would be lost if he didn't believe in a literal Genesis. That's why the religious component of the pro-science movement is so important - the seats in the pew won't believe that an atheist is right about anything, because they fear having to admit that s/he is right about other things.
Sir_Toejam · 1 May 2005
"We are, in effect, a nation of morons."
damn straight! makes me want to go have a pint right now (or several). then at least i'd have an excuse.
where is the PT pub?
Stan Gosnell · 2 May 2005
spencer · 2 May 2005
Colin · 2 May 2005
Socrateaser, your vote-counting seems accurate to me. I certainly agree that Cobb would be a much closer case than Aguillard, and I would not be surprised if the Court, having taken the case, allowed the stickers. I would be surprised, though, if the Court took the case in the first place.
Don't you think that there would need to be either a circuit split or a notably objectionable appellate ruling before the case came up for review?
Great White Wonder · 2 May 2005
socrateaser · 2 May 2005
socrateaser · 2 May 2005
Correction to post #27716: The Kansas School Board's stated intent to "pray" over the pro-evolution witness list, apparently occured prior to an article appearing in the "Lawrence Journal-World" on 4/20/05. I didn't notice this article until today, and I neglected to look at the date prior to posting my thoughts.
Regardless, my analysis remains the same.
Great White Wonder · 2 May 2005
socrateaser · 2 May 2005
I may be behind the curve on the timeline of events, but when I say that the legal character is changed by such a statement made by the school board members, of their intent to pray over the witness list, I believe that is correct. The statement can be inferred as an a legal admission, i.e., a statement by a party against his/her interest, that will be presumed to be true at trial. And it is reasonable to infer that if two of the three board members are intent on praying over the witness list, that the school board is prejudiced in favor of a school curriculum favoring a religious view of creation in the science classroom.
This makes the outcome of a future Kansas case to strike down a decision by the Board to teach the creationist/ID viewpoint a practical certainty. The debate will not matter. Legal precedent will force a court to strike down the Board's findings as predominated by a religious motivation, because the Board has inferred its religious motivation on the public record.
Anyway, I apologize if my comments are old news to you. Hopefully, someone will find them useful.
"Rev Dr" Lenny Flank · 2 May 2005
Sir_Toejam · 2 May 2005
"I think perhaps the pro-evolution side should consider bringing in a voodoo priest and then ask the School Board members for some hair and nail clippings in return for the advance witness list! "
now THAT's something i can get behind. the imagery alone would be worth it!
Great White Wonder · 2 May 2005
steve · 2 May 2005
1buckingham's the retard in Dover. If anyone doesn't know who he is, here you go: Buckingham said he and others on the board wanted a book that would provide balanced treatment between Darwin's theory and the biblical view of creation. Local newspapers reported that Buckingham made no bones about his desire to see Christianity taught in the district's schools. "This country," he said, "wasn't founded on Muslim beliefs or evolution. This country was founded on Christianity, and our students should be taught as such." At a meeting the following week, Buckingham added, "Two thousand years ago, someone died on a cross. Can't someone take a stand for him?" He also attacked church-state separation, saying, "[N]owhere in the Constitution does it call for a separation of church and state." from http://www.au.org/site/News2?page=NewsArticle&id=7192&abbr=cs_
socrateaser · 2 May 2005
Sir_Toejam · 2 May 2005
soc:
what do you think of lenny's proposal to sue districts that don't comply with state science standards:
http://www.pandasthumb.org/pt-archives/000978.html#c27810
socrateaser · 3 May 2005
"Rev Dr" Lenny Flank · 3 May 2005
"Rev Dr" Lenny Flank · 3 May 2005
Great White Wonder · 3 May 2005
Great White Wonder · 3 May 2005
"Rev Dr" Lenny Flank · 3 May 2005
Sir_Toejam · 3 May 2005
@GWW:
"When's the last time anyone paid attention to anything that Uri Geller said? Or Jimmy Swaggart?"
well, i'll tell ya, if nobody shows up to the creation "megaconference" in July,
I'll feel safe that these idiots have been sufficiently marginalized.
when the leader of the house stops spouting: "the dems are anti-faith!"
I'll feel safe that these idiots have been sufficiently marginalized.
when the president of the US stops mangling science in favor of his personal beliefs
I'll feel safe that these idiots have been sufficiently marginalized.
until then... seems to me there are still WAY too many people listening to the likes of Fallwell (9/11 is god punishing us for our sins) or "swaggeringt" or any of these other idiots intent on fubaring science as we know it.
as to the legal strategy; Lenny, haven't you noticed the deliberate attempts to weaken the judiciary by the right lately?
the more court cases you win, the more they will simply attempt to change the rules. first it will be the reinstallation of anti-abortion laws, then it will be forced creationism instruction in the schools.
How can we shore up the judiciary itself against such specious attacks? It's like these folks have completely forgotten why we have a constitution.
OTOH, it still would feel good to kick some ass, and at least have something to show for it, at least until the judges are replaced with IDiots.
give me a bat, Lenny. Let's crack some heads!
Sir_Toejam · 3 May 2005
one more thing...
when i said:
"the more court cases you win, the more they will simply attempt to change the rules. first it will be the reinstallation of anti-abortion laws, then it will be forced creationism instruction in the schools."
i meant to also add:
Not constutional you say? i guess that would depend on which judges you install to intrepret the rulebook.
why do you think there is an UNPRECEDENTED move by the right to abolish fillibusters in the Senate??
"Rev Dr" Lenny Flank · 3 May 2005
Sir_Toejam · 3 May 2005
Indeed. i am beginning to wonder if we aren't very close to that.
you might think Kansas is important. However, much more important than that is what happens in the Senate. If the apparent showdown over judicial nominees ends up with the nuking of the filibuster after 200 years of acceptance, I think the end of the republic is most certainly near.
John Stuart Mill warned of the tryanny of the majority. if the filibuster is nuked, you will find out why he made the warning to begin with.
Paul Flocken · 3 May 2005
Sir_Toejam · 3 May 2005
er, substitute "we" for "you" in that last post.
my point is, it sure seems to me that the conservative right no longer believes in the rule of law, and they seem to be doing their damdest to get rid of whatever "inconvenience" it poses for them.
cheers
Sir_Toejam · 3 May 2005
oh yeah, old Jimbo is back. yup, the parasite analogy is indeed a good one for this bottom-dewelling blood sucker. i remember making fun of Tammy-faye's horrid makeup job when i was much younger. Now i wonder if it wasn't some sort of camoflage paint to hide the parasite's true nature.
Sir_Toejam · 3 May 2005
http://headlines.agapepress.org/archive/5/32005a.asp
pretty much says it all.