Re: Evolution is Unconstitutional

Ron O wrote:

michael.palmer1@xxxxxxxxxxxxxxxx wrote:

Evolution is Unconstitutional
by Rudy Takala

[Excerpt]
Such commentators have unfortunately missed the point. This is not, as
one article argued, an issue of whether our founders were Christian
men. This is an issue of reality - of what atheism really is. It is a
matter of faith. It's an unproven hypothesis that its adherents want
to propagate and convince others of.

As such, they have no right to talk about it in government schools.
Because the thought of teaching creationism in schools usually causes
liberals to hyperventilate, the thought of teaching evolution or
atheism should now have the same effect. What's the real problem that
liberals have with teaching creationism in schools? Do they oppose it
because it's a matter of faith, and not of science?

It's at:
http://www.therealitycheck.org/GuestColumnist/rtakala090105.htm


If this were even remotely a possibility that biological evolution was
unconstitutional the creationists would not have had to run the
scientific creationism scam to try and get equal time. They wouldn't
have had to run the even more bogus intelligent design scam, and they
wouldn't have to run the current creationist "teach the controversy"
scam to try and blow smoke over the issue. They could have just
demonstrated that biological evolution was bogus and that would be the
end of it.

The tactic was tried all ready, and the 9th Federal Circuit rejected the argument.

"John E. Peloza is a high school biology teacher. He sued the Capistrano Unified School District and various individuals connected with the school district under 42 U.S.C. § 1983. He alleges in his complaint that the school district requires him to teach "evolutionism" and that evolutionism is a religious belief system. He alleges this requirement violates his rights under the (1) Free Speech Clause of the First Amendment; (2) Establishment Clause of the First Amendment; (3) Due Process Clause of the Fourteenth Amendment; and (4) Equal Protection Clause of the Fourteenth Amendment.(1)

"He also alleges the defendants conspired to violate these constitutional rights and attempted by harassment and intimidation to force him to teach evolutionism. He alleges they did this because they have a class-based animus against practicing Christians, a class of which he is a member, in violation of 42 U.S.C. § 1985(3).

"He also alleges state law claims for violation of California's Tom Bane Civil Rights Act, Cal.Civ.Code § 52.1 (which provides a cause of action for interference with an individual's enjoyment of rights secured by the United States or California Constitution or by federal or state law), and for intentional infliction of emotional distress.

"The district court dismissed the federal claims for failure to state a claim upon which relief could be granted. Fed.R.Civ.P. 12(b)(6). The court then dismissed the state claims for lack of jurisdiction. The court also determined that the action was frivolous. Relying on Rule 11 of the Federal Rules of Civil Procedure and 18 U.S.C. § 1988, the court ordered Peloza and his attorney to pay approximately $32,000 to the defendants for their attorney fees and costs.

"Peloza appeals. We have jurisdiction under 28 U.S.C. § 1291. We affirm, except as to attorneys' fees."


I grabbed this cut-and-paste from the T.O. archives:

http://www.talkorigins.org/faqs/peloza.html


I think the kid may want to do a little research; the question is whether or not he knows how.





Anyone that thinks differently is even more dishonest or whacked out
than the guys that decided to go with scams instead of facing reality.

Ron Okimoto



--
Freeper:

"We need to change the law and make it legal to hunt liberals with dogs. "

Me:

I understand you are being flippant, but you are coming across as stupid.

Freeper:

I wasn't being flippant. I mean it.

.

Relevant Pages

  • Turning Europe into Florida?
    ... LONDON - After the Sunday service in Westminster Chapel, ... Darwin's theory of evolution. ... "Evolution is a lie, and it's being taught in schools as fact, and it's ... Europe, a human rights watchdog, condemned all attempts to bring creationism ...
    (rec.sport.pro-wrestling)
  • Re: ID/ Evolution: most Americans reject judicial activism
    ... Creationism lacks intellectual content and therefore shouldn't be taught as a credible alternative to evolution, anymore than the Hindu story that the earth was created when Brahma split a giant lotus tree into the heavens, the earth, and the sky. ... an official religion, like declaring a "church of illinois" or somesuch. ... stuff like whether religion can be taught in schools, prayer in schools, ...
    (rec.sport.football.college)
  • Re: Sam Brownback: Teach the controversy
    ... believe in evolution. ... theory in public schools and that he did not expect public schools to ... them teaching creationism as if it's the only thing that they should ... "Nine Republican state parties have taken anti-evolutionist ...
    (talk.origins)
  • Re: UK news: Creationism to be taught as part of biology course
    ... It's not taught in our schools as a serious alternative. ... Even he admits evolution is science and creationism is faith. ...
    (talk.origins)
  • Aforementioned paper: Evolution and Creationism.
    ... The conflict between science and creationism in this country is not ... adults were open to the idea of creationism and evolution being taught ... of science, and so thoroughly supported by the evidence, attacks on it ...
    (talk.origins)