[2005/01/13] Federal Judge Rules that "Fostering Critical Thinking" About Evolution has Secular Purpose, but Invalidates Cobb Co. Sticker Anyway
Federal Judge Rules that "Fostering Critical Thinking" About Evolution has Secular Purpose, but Invalidates Cobb Co. Sticker Anyway 01/13/2005
Despite ruling that "fostering
critical thinking" about evolution "is a clearly secular purpose,"
and agreeing that the Cobb County, Georgia school district had
secular, not religious reasons for adopting a textbook sticker
dealing with evolution, a federal judge today struck down the
sticker as unconstitutional.
"Given the tepid defense of the
sticker presented by the school district attorney, we are not
surprised by the decision," said Dr. John West, Associate Director
of Discovery Institute's Center for Science and Culture., the
nation's leading think-tank researching scientific challenges to
Darwinian evolution. "While we disagree with the invalidation of the
sticker, we are pleased that the judge clearly recognized that
promoting critical thinking about evolution is
legitimate."
"At the same time, this case is pretty much a
side show to the real debate over science education policy right
now," said West. "The case deals with a three-sentence sticker, not an
effort to improve the curriculum to include an objective discussion
of scientific evidence critical of Darwin's theory, as well as
evidence that supports it. Nor does the case deal with the entirely
different question of whether alternative scientific theories such
as intelligent design can be taught, as the court itself
noted."
"This is a bizarre decision from the standpoint of
constitutional law," added West. "After ruling that the school board
had a legitimate secular purpose for creating the textbook sticker,
and acknowledging the fact that there are scientists who criticize
modern evolutionary theory, the court nevertheless declared that the
sticker is unconstitutional because some citizens might mistakenly
believe that the sticker was intended to advance religion--even
though the Judge admits it wasn't."
"In other words, the
judge struck down this sticker not because it was designed to
advance religion--he ruled that it wasn't--but because he thought
some people might wrongly believe the sticker advanced
religion," said West. "It's unfortunate that the judge apparently has
such a low view of the intelligence of his fellow citizens. If the
judge can figure out that the school district adopted the sticker to
advance the legitimate secular purpose of promoting critical
discussion of evolution, why couldn't the citizens of Cobb
County?"
The textbook sticker struck down today reads: "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."
The future of the case is uncertain, but an
appeal by the Cobb Co. School District to the 11th Circuit Court of
Appeals remains a possibility.
[2005/01/13] Federal Judge Rules that "Fostering Critical Thinking" About Evolution has Secular Purpose, but Invalidates Cobb Co. Sticker Anyway
