You may find the court's decision (PDF) here, courtesy of NCSE. And you may find NCSE's collection of documents from COPE v. Kansas here ______A DECISION IN THE COPE APPEAL The creationist lawsuit seeking to reverse Kansas's 2013 decision to adopt the Next Generation Science Standards on the grounds that the state thereby "establish[ed] and endorse[d] a non-theistic religious worldview" failed again on April 19, 2016, when the Tenth Circuit Court of Appeals upheld the district court's dismissal of the case, COPE et al. v. Kansas State Board of Education et al. The court's decision mainly addressed the question of standing, agreeing with the district court that the plaintiffs lacked standing to assert any of their claims. Interestingly, though, the decision observes in a footnote that COPE's suggestion for "teleological" explanations to be added to the standards would be unconstitutional. As NCSE previously reported, the lead plaintiff, COPE, Citizens for Objective Public Education, is a relatively new creationist organization, founded in 2012 but its leaders and attorneys include people familiar from previous attacks on evolution education across the country, such as John H. Calvert of the Intelligent Design Network. The NGSS have been adopted in eighteen states -- Arkansas (so far only for middle school), California, Connecticut, Delaware, Hawaii, Kansas, Kentucky, Illinois, Iowa, Maryland, Michigan, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, and West Virginia -- plus the District of Columbia. The treatment of evolution and climate science in the standards occasionally provokes controversy, but COPE v. Kansas is the only lawsuit to have resulted.
Thanks to Glenn Branch of NCSE for allowing us to reproduce their essay.
81 Comments
https://me.yahoo.com/a/yCTZpzcvy5VbV7c0LbBGC2F26tKI#9a762 · 22 April 2016
"non-theistic religious worldview" I am always stunned when a religiote (patent pending) issues such a statement. I can only infer that such folk CANNOT CONCEIVE of a worldview that does not involve deities, saints, commandments and such. I am appalled by the intensity of indoctrination that could yield such myopia.
Mike Elzinga · 22 April 2016
Just Bob · 22 April 2016
I think partly they recognize the weakness of claiming 'religion' in a pluralistic society with constitutional separation of church and state. Recognizing the undeniability of their own religious motivations, they seek to weaken their opponents' stance by claiming, "Their stuff is just another religion! So either forbid theirs in school, like you do ours, or let us preach ours like they get to preach theirs! Since they're both religions, you can't favor theirs over ours!"
https://me.yahoo.com/a/JxVN0eQFqtmgoY7wC1cZM44ET_iAanxHQmLgYgX_Zhn8#57cad · 22 April 2016
Michael Fugate · 22 April 2016
What is funny is that the "scientists" behind COPE are all chemists. I had an email exchange with Darwin dissenter and NAS member chemist Phil Skell after he testified in Kansas. Skell's schtick was that evolution is unnecessary for teaching biology because he knew a couple of "biologists" at Penn State who claimed they never referred to it in their work. He got really pissy when I asked if he taught or could teach chemistry without referring to atomic theory. The general ignorance of evolution even among the educated is widespread.
eric · 22 April 2016
Mike Elzinga · 22 April 2016
JimboK · 22 April 2016
Henry J · 22 April 2016
One (of whatever group) walks into a bar... and then says "ouch".
Robert Byers · 22 April 2016
They are getting closer to the winning argument in ending state censorship in America in public institutions.
I don't like the concept that a non-thesit world view was being established. Close but close only counts in horseshoes and grenades.
What they should say is not that what is taught is illegal but rather its illegal to only teach that.
The state censoring in subjects dedicated to truth and accuracy means the state is saying THE CENSORED is not true.
This is a state opinion. NEXT. Now this means the state is saying ideas THEY CLAIM as religious aRE NOT TRUE.
SO breaking the very concept they use to justify the censorship. The separation idea.
THIS CORE group is right to emphasize a view is being taught but wrong to say its illegal. Rather all ideas are legal.
To ban any is to assert state official conclusions.
They are making a accurate philosophical point however its still a miss.
ITS all wrong anyways to state the founders put in the constitution controls on education on conclusions ESPECIALLY banning God and Genesis.
Their white wigs would rotate thrice to see that squeezed out.
Try again boys. You are on the right track but hitting low branches.
Yardbird · 22 April 2016
This comment has been moved to The Bathroom Wall.
phhht · 22 April 2016
Malcolm · 22 April 2016
TomS · 23 April 2016
Oldnsenile · 23 April 2016
Only "unchristian Christians" could conjure up the expression "non-theistic religious worldview".
Dave Luckett · 23 April 2016
This comment has been moved to The Bathroom Wall.
Just Bob · 23 April 2016
harold · 23 April 2016
harold · 23 April 2016
I forgot to include something above -
The logical extension of accepting COPE definitions would be that nothing could ever be taught at all.
COPE argues that "everything is always religion, therefore you have to teach my religion or teach nothing".
However, that fair paraphrase is a non-sequitur. The problem is with the word "my".
Even if we adopt their Alice-in-Wonderland definition of "religion", the real conclusion would be -
"Everything is always religion and we can't favor one religion, therefore we can't teach just science in science class because that would be favoring 'the religion of science', but therefore we can't just teach creationism, or 'equal time science and creationism', either, because that would still be favoring one or two religions.
Therefore we have to either teach all religions all the time, which is impossible, or teach nothing, so we have to teach nothing."
Just Bob · 23 April 2016
TomS · 23 April 2016
There are some fundamentalists who say that they are Christians, and that they have no religion.
Mike Elzinga · 23 April 2016
COPE uses the technique of stringing together philosophical-sounding phrases in order to appear intellectual, erudite, and intimidating. They actually look silly; but they know how to waste other people's time and money in endless labyrinths of word games. This characteristic is one of the major identifying features of politically aggressive sectarian culture warfare.
If you listen to the "logic" raining down from the pulpits of many fundamentalist churches, you can recognise the orgins of this kind of "argumentation." It comes from the minds of sectarian apologists who play these word games to justify interpretations of their holy book no matter how strained, irrational, and unjustifiable those interpretations are.
One can see entire hour-long sermons attempting to justify any sort of preconceived notion of what others are supposed to be doing with their lives; and all of it base on just a single bible verse lifted out of context or juxtaposed with other verses elsewhere in their bible. They then gussy up their "argumentation" with big-word labels such as hermeneutics, exegesis, and etymology. They often invent their own etymology in giving meaning to a word. This is a favorite tactic of fundamentalist preachers attempting to appear scholarly.
And so we see the same tactic when it comes to their attempts to use secular law to impose their wants and beliefs on others. These characters aren't very bright; but they can sure be a public nuisance.
W. H. Heydt · 23 April 2016
TomS · 23 April 2016
Matt Young · 23 April 2016
phhht · 23 April 2016
Just Bob · 23 April 2016
We've been here before, so one comment only: Fiction is written primarily to entertain the reader, or maybe teach a lesson (like Jesus' parables). But the fiction writer doesn't claim it's true, and readers are expected to understand that it's not true, even if that's not stated explicitly on the cover.
If the writer knows it's not true, but presents it as true, that's not fiction: it's a lie.
If the writer believes it's true, but it isn't, that's not fiction either: it's just wrong--a mistake, but still nonfiction.
The Bible? At the very least Jesus' parables are fiction, and probably the Book of Job (regardless of FL's thinking it's history). Most of the rest: nonfiction of various sorts even though a great proportion of that is WRONG. The writers probably thought it was true, or as close to truth as they could get, and expected the reader to accept it as true. And it's so far in the past, and concerns such an otherwise unimportant and poorly documented part of the world, that it's impossible to sort out historically true bits from legend, mythology, exaggeration, simple mistakes, and maybe a few intentional lies.
phhht · 23 April 2016
TomS · 23 April 2016
One way to get into understanding what the authors could expect is to see what the near-contemporaries made of it. For that, I recommend this book:
James L. Kugel
The Bible As It Was
Belknap Press, Harvard U. Press, 1997
"This book is essentially an attempt to reconstruct this traditional [Hebrew] Bible, the Bible as it was understood in the closing centuries BCE and at the very start of the common era." p. cv
Mal Adapted · 23 April 2016
TomS · 23 April 2016
phhht · 23 April 2016
Just Bob · 23 April 2016
Robert Byers · 23 April 2016
phhht · 23 April 2016
TomS · 23 April 2016
harold · 24 April 2016
TomS · 24 April 2016
harold · 24 April 2016
TomS · 24 April 2016
I don't think we disagree.
W. H. Heydt · 24 April 2016
Mike Elzinga · 24 April 2016
Dave Luckett · 25 April 2016
I've told this story before, so ignore me if you've seen it once already:
Evidence. It really was a very radical departure in human thought when we started insisting on evidence from observation that anyone could confirm by going and looking for themselves. Things very rapidly took a turn for the better. Knowledge started accumulating at a rate unheard of when we went by assertion and reasoning from assertion. "What everyone knew" was sufficient.
The good monks who wrote the Winchester manuscript of the Anglo-Saxon Chronicle were pious Christian men. They didn't believe in pagan gods. Yet they wrote that the ancestor of their patron, King Alfred, was Wotan. Why? Because everyone knew that. And the fact that it conflicted with their own religious beliefs did not detain them.
This is the level of intellectual understanding at which COPE is operating. Yes, it is - for COPE is making assertions contrary to its own religious belief. Genesis must be read literally, because God could not have meant Genesis to be read as fable, myth, or allegory.
Wait, what?
God could not?
If you go deep enough into the fundamentalist mode of thought, you discover an important fact: They're not really interested in the scripture. Weird, but true. They don't really care to dig into what it says, and what it meant to its originators. They know what it means to them, and that's what it must mean. Like the monks, they don't check a cultural and folkloric belief against either what else they believe, or against actual observation. That habit of critical examination has simply eluded them. They don't do it. They don't know what it is. They distrust it anyway. It's "worldly", it's "skeptical", it's "man's wisdom". And the fact that it has produced practically everything they use or see or do in the cities or the farmed landscapes they actually live in, makes no impression on their minds. They believe what they believe, because they believe it. That's it. That's all of it.
That should be enough to dumbfound a scientist, and so it does. But me, I'm not one. What gets me, what has always gotten me, is how prideful these people are. God must do as they say, no matter what violence is thereby done to the tenets of their own religion. And more, what they say God must have done, must be taught to others also; and so to their overweening pride we must add tyranny.
They're more than an anachronism. They're throwbacks to a culture, to a way of seeing the world, that should now be a quaint curiosity. And yet, they still threaten, they still mass, they still waste court time, they still vote in their millions. Well, I suppose we must live with cockroaches, too. It's the price of civilisation. But that doesn't mean we shouldn't stamp on them when they scuttle into sight.
harold · 25 April 2016
TomS · 25 April 2016
Just Bob · 25 April 2016
Matt Young · 25 April 2016
Matt Young · 25 April 2016
Slightly off task, but this discussion reminds me of the position of certain Orthodox Jews -- The creation story in Genesis is literally true, but the Song of Songs (an erotic love poem) is an allegory for God's love for Israel. With the exception of the Song of Songs, however, God does not know how to write allegory.
harold · 25 April 2016
harold · 25 April 2016
Robert Byers · 25 April 2016
Dave Luckett · 25 April 2016
Byers thinks that any allegory has to be obvious to him, and it isn't obvious to him that talking animals, magical fruit, numinous objects, Gods who walk in the cool of the evening, and omnipresent omniscient beings who have to ask questions to find out what has happened, all this has to be the stuff of allegory.
That's because Byers doesn't have the faintest clue what allegory is, or fictive narrative either.
harold · 26 April 2016
Dave Luckett · 26 April 2016
COPE wasn't the subject of my post, harold. Byers' and his understanding was.
But what makes you think that the directors of COPE, high level degrees and all, are capable of recognizing metaphor? What is there in the training or practice of a chemist that requires such knowledge? Certainly they use metaphor. But my experience of fundamentalists has been that though they often use it, they are sublimely unconscious of what they are doing.
Remember Biggy? He insisted that the use of the word "Kingdom" to describe an inward experience was not metaphorical, no, not at all. He couldn't understand that he was engaged in a substitution simile, an analogy. The idea was simply alien. How about the repeated certainty of FL that if the words (that is, their equivalent in Hebrew or Greek) "like" or "as" were not used in a passage then the passage can only be read literally. So the conversation in Heaven between God and Satan that opens the Book of Job was a literal historical event. And so on.
Now, maybe the COPE directors are a bit more advanced than that pair. Maybe. But I wouldn't put serious money on it.
TomS · 26 April 2016
harold · 26 April 2016
Michael Fugate · 26 April 2016
Many conservative Christians are now jumping on the climate-denial bandwagon under the mantra "God controls climate". Somehow if God is in charge then opposition is futile and we should do nothing. The Genesis flood is a pretty good parallel - the only family saved was the family that prepared and fought back against the flood by building an ark. Those who did nothing, who went on living their lives as if nothing were wrong, perished. Why are people willing to believe a preacher telling them the world is ending next week based on pseudo-mathematics, but not heed the warnings of climate scientists?
Just Bob · 26 April 2016
harold · 26 April 2016
Michael Fugate · 26 April 2016
No there are plenty of conservatives who are not climate-deniers. Plenty who aren't creationists. It is an authoritarianism, an inability to think inductively, and a unwillingness to adopt anything new. I don't have much use for Chesterton, but I think this in some ways sums up the silliness of conservatives (even if he meant it to be a pox on both), âThe whole modern world has divided itself into Conservatives and Progressives. The business of Progressives is to go on making mistakes. The business of the Conservatives is to prevent the mistakes from being corrected.â Once something becomes tradition - no matter how insane - it is to be worshipped. The past was always better, even when it wasn't.
TomS · 26 April 2016
We make a mistake in thinking that they have a coherent methodology for reading Scripture, for example.
They may say that they are committed to a literal reading of the Bible, but really what they are using the Bible "as support rather than light". You can't disagree with them because they claim to have the Bible on their side. It makes no matter what the Bible actually says, for if the "plain reading" of the Bible is not what they like, they will find some way to work their way around it. But you dare not use half the rationalizations that they do, on some other proof-text.
It is hard to understand how they can claim that some of the wild improvisations that they come up with, like baraminology, have any relationship to what's in the Bible. Or, rather, not how they can claim, but how they can get away with claiming. When I see that "Ark" that's being built, an Ark which is designed not to float on water and not to house great numbers of animals - that is something of s symbol of the lack of thought in the movement.
TomS · 26 April 2016
Michael Fugate · 26 April 2016
And isn't Ham using it as a metaphor for a refuge from what he believes to be an immoral, godless, modern society? He means it as a symbol - as Noah's ark saved his family from the flood, Jesus will save your family from the evils of non-Hamlike beliefs. Genesis stories as a metaphors make much more sense than they do as history.
Michael Fugate · 26 April 2016
harold · 26 April 2016
Michael Fugate · 26 April 2016
Ass
John Harshman · 26 April 2016
Is it odd that chemists and engineers very seldom complain about the teaching of atheistic theories of chemistry or atheistic engineering practices?
harold · 26 April 2016
harold · 26 April 2016
Michael Fugate · 26 April 2016
Whatever. I am sure they will soon drag you away from the computer, force feed you your meds and we can go back to sane discussions.
harold · 26 April 2016
Michael Fugate · 26 April 2016
Get over yourself.
Michael Fugate · 26 April 2016
harold · 26 April 2016
If my comments aren't reasoned it should be easy to drop the juvenile insults, stop mis-representing what I said, and make show some actual evidence that I am wrong.
My claim is that climate change denial and political evolution denial are associated with conservative politics, as represented by the Republican party and Fox News. And not with other US political movements.
Even if I were wrong, I think it is incredibly rude and immature to put up no substance comments that consist of nothing but insults.
Michael Fugate · 26 April 2016
Look - I know you are having a difficult time, but not all conservatives are climate-deniers, they just aren't. All conservatives aren't evolution-deniers, either. You got all bent out of shape about this not being a religious issue, but a political one. Well it is a bit of both. If you aren't a Christian or even an evangelical Christian, then you are unlikely to give a rat's ass about evolution.
Who's immature and rude here - you who are saying you can't be a Republican and be anything but a dick? or me calling you out for over the top characterizations that you can't justify?
TomS · 26 April 2016
harold · 26 April 2016
quentin-long · 26 April 2016
Flint · 28 April 2016
If someone were to take the results of a questionnaire that included perhaps 20-30 current political issues, and performed a factor analysis of the results, I think you would see a certain amount of very high correlation clustering. Perhaps only a small minority of the surveyed population would be found entirely within any particular cluster (that is, on every issue), but nonetheless the overall clustering would be quite tight.
It would probably make a lot of sense to label these clusters as social issues, fiscal issues, scientific issues, religious issues. And (if the questions addressed this more or less directly), you'd see meta-clustering on the authoritarian scale.
harold · 29 April 2016
harold · 29 April 2016
In short, yes, some people who self-identify as conservatives say in polls that they don't deny climate change, but until they put some pressure on the politicians they elect and the media venues their dollars support to move away from denial as the ideological default, that's not worth anything.