Association of Christian Schools International v. Stearns

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Association of Christian Schools International v. Stearns
Seal of the United States Courts, Ninth Judicial Circuit.svg
Court United States District Court for the Central District of California
Full case nameAssociation of Christian Schools International, et al. v. Roman Stearns, et al.
DecidedAugust 8, 2008
Docket nos. 2:05-cv-06242
Citation(s)678 F. Supp. 2d 980
Case history
Prior action(s)Defendants' motion for partial summary judgment granted, plaintiffs' motion for summary judgment denied, 679 F. Supp. 2d 1083 (Mar. 28, 2008).
Subsequent action(s)Affirmed, 362 F. App'x 640 (9th Cir. 2010); cert. denied, 562 U.S. 975(2010).
Court membership
Judge(s) sitting S. James Otero

Association of Christian Schools International v. Stearns, 678 F. Supp. 2d 980 (C.D. Cal. 2008), was filed in spring 2006 by Association of Christian Schools International against the University of California claiming religious discrimination over the rejection of five courses as college preparatory instruction. [1] On August 8, 2008, Judge S. James Otero entered summary judgment against plaintiff ACSI, upholding the University of California's standards. [2]

Contents

Lawsuit

The suit filed in the United States District Court for the Central District of California alleged that the university system's rejection of several courses, including a history course, a government course, and science courses, was "viewpoint discrimination" that violated the constitutional rights of applicants from Christian schools whose high school coursework is deemed inadequate preparation for college. The books in particular were published by A Beka Books and Bob Jones University Press. They contained problems such as statements that where science and the Bible contradict, the student must choose the Bible, and judgment of the value of American historical figures on their religion. The UC board concluded that those books did not offer proper preparatory instruction for the university. The lawsuit was brought by the parents of six children who had not been rejected from the university, but were required to take additional, remedial courses. In August 2006, the case was allowed to proceed against the university while lawsuits against individual school officials were thrown out. [3]

The Association retained leading intelligent design proponent Michael Behe to testify in the case as an expert witness. Behe's expert witness report claimed that the Christian textbooks were excellent works for high school students and he defended that view in a deposition. [4] [5]

Decision

On March 28, 2008, the defendants won a legal victory when their motion for partial summary judgment was granted, and the plaintiffs' motion for summary judgment was denied. [6] In part of the judgment, the court focused on several creationist/intelligent design texts and quoted Behe's testimony against the plaintiffs: [7]

Plaintiff's evidence also supports Defendants' conclusion that these biology texts are inappropriate for use as the primary or sole text. Plaintiffs' own biology expert, Professor Michael Behe, testified that "it is personally abusive and pedagogically damaging to de facto require students to subscribe to an idea. . . . Requiring a student to, effectively, consent to an idea violates his personal integrity. Such a wrenching violation [may cause] a terrible educational outcome." (Behe Decl. Para. 59.)

Yet, the two Christian biology texts at issue commit this "wrenching violation." For example, Biology for Christian Schools declares on the very first page that:

  1. "'Whatever the Bible says is so; whatever man says may or may not be so,' is the only [position] a Christian can take. . . ."
  2. "If [scientific] conclusions contradict the Word of God, the conclusions are wrong, no matter how many scientific facts may appear to back them."
  3. "Christians must disregard [scientific hypotheses or theories] that contradict the Bible." (Phillips Decl. Ex. B, at xi.)

Biologist PZ Myers wrote, "The judge pointed out that the books that Behe approved flatly state that Christians must accept creationist conclusions—unlike our biology books, which don't demand any religious litmus test of their readers—and were therefore perfect examples of exactly the problem he was complaining about." [8]

The August 2008 ruling concluded that various books offered by the school shouldn't be used for a college-preparatory history class because "it didn't encourage critical thinking skills and failed to cover 'major topics, themes and components' of U.S. history", Otero wrote. The judge said Calvary provided little admissible evidence to the contrary. [2]

On January 26, 2009, ACSI filed an appeal on the decision. [9] On January 12, 2010, the Ninth Circuit Court of Appeals affirmed the federal district court's summary judgment in favor of the University of California. [10] [11] On October 12, 2010, the Supreme Court declined to review the case, effectively ending it. [12] [13]

Books involved in the case

Related Research Articles

Intelligent design (ID) is a pseudoscientific argument for the existence of God, presented by its proponents as "an evidence-based scientific theory about life's origins". Proponents claim that "certain features of the universe and of living things are best explained by an intelligent cause, not an undirected process such as natural selection." ID is a form of creationism that lacks empirical support and offers no testable or tenable hypotheses, and is therefore not science. The leading proponents of ID are associated with the Discovery Institute, a Christian, politically conservative think tank based in the United States.

<span class="mw-page-title-main">National Center for Science Education</span> Nonprofit supporting the teaching of evolution and climate change.

The National Center for Science Education (NCSE) is a not-for-profit membership organization in the United States whose stated mission is to educate the press and the public on the scientific and educational aspects of controversies surrounding the teaching of evolution and climate change, and to provide information and resources to schools, parents, and other citizens working to keep those topics in public school science education. Based in Oakland, California, it claims 4,500 members that include scientists, teachers, clergy, and citizens of varied religious and political affiliations. The Center opposes the teaching of religious views in science classes in America's public schools; it does this through initiatives such as Project Steve. The Center has been called the United States' "leading anti-creationist organization". The Center is affiliated with the American Association for the Advancement of Science.

Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. The constitutionality of the law was successfully challenged in District Court, Aguillard v. Treen, 634 F. Supp. 426, and the United States Court of Appeals for the Fifth Circuit affirmed, Aguillard v. Edwards, 765 F.2d 1251. The United States Supreme Court ruled that this law violated the Establishment Clause of the First Amendment because the law was specifically intended to advance a particular religion. In its decision, the court opined that "teaching a variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction."

<span class="mw-page-title-main">Michael Behe</span> American biochemist, author, and intelligent design advocate

Michael Joseph Behe is an American biochemist and an advocate of the pseudoscientific principle of intelligent design (ID).

<span class="mw-page-title-main">Institute for Creation Research</span> Creationist organization

The Institute for Creation Research (ICR) is a creationist apologetics institute in Dallas, Texas, that specializes in media promotion of pseudoscientific creation science and interpretation of the Genesis creation narrative as a historical event. The ICR adopts the Bible as an inerrant and literal documentary of scientific and historical fact as well as religious and moral truths, and espouses a Young Earth creationist worldview. It rejects evolutionary biology, which it views as a corrupting moral and social influence and threat to religious belief. The ICR was formed by Henry M. Morris in 1972 following an organizational split with the Creation Science Research Center (CSRC).

<span class="mw-page-title-main">Henry M. Morris</span>

Henry Madison Morris was an American young Earth creationist, Christian apologist and engineer. He was one of the founders of the Creation Research Society and the Institute for Creation Research. He is considered by many to be "the father of modern creation science". He coauthored The Genesis Flood with John C. Whitcomb in 1961.

<i>Of Pandas and People</i> Creationist supplementary textbook by Percival Davis and Dean H. Kenyon

Of Pandas and People: The Central Question of Biological Origins is a controversial 1989 school-level supplementary textbook written by Percival Davis and Dean H. Kenyon, edited by Charles Thaxton and published by the Texas-based Foundation for Thought and Ethics (FTE). The textbook endorses the pseudoscientific concept of intelligent design – the argument that life shows evidence of being designed by an intelligent agent which is not named specifically in the book, although proponents understand that it refers to the Christian God. The overview chapter was written by young Earth creationist Nancy Pearcey. They present various polemical arguments against the scientific theory of evolution. Before publication, early drafts used cognates of "creationist". After the Edwards v. Aguillard Supreme Court ruling that creationism is religion and not science, these were changed to refer to "intelligent design". The second edition published in 1993 included a contribution written by Michael Behe.

<i>McLean v. Arkansas</i> 1981 legal case in the US state of Arkansas

McLean v. Arkansas Board of Education, 529 F. Supp. 1255, was a 1981 legal case in the US state of Arkansas.

Robert T. Pennock is a philosopher working on the Avida digital organism project at Michigan State University where he has been full professor since 2000. Pennock was a witness in the Kitzmiller v. Dover Area School District trial, testifying on behalf of the plaintiffs, and described how intelligent design is an updated form of creationism and not science, pointing out that the arguments were essentially the same as traditional creationist arguments with adjustments to the message to eliminate explicit mention of God and the Bible as well as adopting a postmodern deconstructionist language. Pennock also laid out the philosophical history of methodological and philosophical naturalism as they underpin to science, and explained that if intelligent design were truly embraced it would return Western civilization to a pre-Enlightenment state.

<i>Kitzmiller v. Dover Area School District</i> 2005 court case in Pennsylvania

Kitzmiller v. Dover Area School District, 400 F. Supp. 2d 707 was the first direct challenge brought in the United States federal courts testing a public school district policy that required the teaching of intelligent design (ID), ultimately found by the court to not be science. In October 2004, the Dover Area School District of York County, Pennsylvania, changed its biology teaching curriculum to require that intelligent design be presented as an alternative to evolution theory, and that Of Pandas and People, a textbook advocating intelligent design, was to be used as a reference book. The prominence of this textbook during the trial was such that the case is sometimes referred to as the Dover Panda Trial, a name which recalls the popular name of the Scopes Monkey Trial in Tennessee, 80 years earlier. The plaintiffs successfully argued that intelligent design is a form of creationism, and that the school board policy violated the Establishment Clause of the First Amendment to the United States Constitution. The judge's decision sparked considerable response from both supporters and critics.

Dean H. Kenyon is Professor Emeritus of Biology at San Francisco State University, a young Earth creationist, and one of the instigators of the intelligent design movement. He is the author of Biochemical Predestination.

Larry Caldwell, a pro-intelligent design activist and attorney, has been active in bringing litigation in causes supporting the intelligent design movement. Caldwell along with his wife, Jeanne Caldwell a Christian school teacher who "takes the Bible literally" previously operated Quality Science Education for All, and are currently appealing to the Supreme Court of the United States an Establishment Clause of the First Amendment suit against the University of California, Berkeley.

<span class="mw-page-title-main">Neo-creationism</span> Pseudoscientific creationism

Neo-creationism is a pseudoscientific movement which aims to restate creationism in terms more likely to be well received by the public, by policy makers, by educators and by the scientific community. It aims to re-frame the debate over the origins of life in non-religious terms and without appeals to scripture. This comes in response to the 1987 ruling by the United States Supreme Court in Edwards v. Aguillard that creationism is an inherently religious concept and that advocating it as correct or accurate in public-school curricula violates the Establishment Clause of the First Amendment.

<span class="mw-page-title-main">Association of Christian Schools International</span> Organization

The Association of Christian Schools International (ACSI), founded in 1978, is an international organization of evangelical Christian schools. Its headquarters are in Colorado Springs, Colorado.

<i>Daniel v. Waters</i>

Daniel v. Waters, 515 F.2d 485 was a 1975 legal case in which the United States Court of Appeals for the Sixth Circuit struck down Tennessee's law regarding the teaching of "equal time" of evolution and creationism in public school science classes because it violated the Establishment clause of the US Constitution.

<span class="mw-page-title-main">BJU Press</span> University press

BJU Press is a publisher of textbooks for Christian schools and homeschools as well as trade and children's books.

<span class="mw-page-title-main">Timeline of intelligent design</span> Outline of the topic

This timeline of intelligent design outlines the major events in the development of intelligent design as presented and promoted by the intelligent design movement.

<i>Biology for Christian Schools</i>

Biology for Christian Schools is a 1991 school-level biology textbook written from a Young Earth Creation point of view by William S. Pinkston and published by the Bob Jones University Press. The book has been controversial because it espouses the idea of Biblical inerrancy; that whenever science and Christianity conflict, the current scientific understanding is wrong. The book promotes creationism, which is rejected by the National Academy of Sciences, the National Association of Biology Teachers and the National Science Teachers Association who state creationism and intelligent design are pseudoscience.

<span class="mw-page-title-main">S. James Otero</span> American judge (born 1951)

Samuel James Otero is a former United States district judge of the United States District Court for the Central District of California.

In American schools, the Genesis creation narrative was generally taught as the origin of the universe and of life until Darwin's scientific theories became widely accepted. While there was some immediate backlash, organized opposition did not get underway until the Fundamentalist–Modernist controversy broke out following World War I; several states passed laws banning the teaching of evolution while others debated them but did not pass them. The Scopes Trial was the result of a challenge to the law in Tennessee. Scopes lost his case, and further U.S. states passed laws banning the teaching of evolution.

References

  1. Association of Christian Schools International v. Stearns, 678F. Supp. 2d980 ( C.D. Cal. 2008).
  2. 1 2 "Judge throws out religious discrimination suit". North County Times. August 8, 2008. Archived from the original on August 15, 2008. Retrieved August 24, 2008.[ full citation needed ]
  3. "Creationist lawsuit against UC system to proceed". National Center for Science Education. August 10, 2006. Retrieved April 24, 2008.
  4. Behe, Michael J. (April 2, 2007) Expert Witness report Archived June 27, 2008, at the Wayback Machine in Association of Christian Schools International et al. v. Stearns et al.
  5. United States District Court for the Central District of California (May 30, 2007) Deposition of Michael Behe Archived June 27, 2008, at the Wayback Machine in Association of Christian Schools International et al. v. Stearns et al.
  6. "Interim victory in California creationism case". National Center for Science Education. April 1, 2008. Retrieved April 24, 2008.
  7. Association of Christian Schools International v. Stearns, 679F. Supp. 2d1083 (C.D. Cal.2008).
  8. "Mike Behe, friend to evolution". Pharyngula (blog). April 2, 2008. Archived from the original on April 5, 2008. Retrieved April 24, 2008.
  9. "What's new in ACSI v. Stearns". National Center for Science Education. April 27, 2009. Retrieved April 24, 2009.
  10. Association of Christian Schools International v. Stearns, 362Fed. App'x640 ( 9th Cir. 2010).
  11. "Victory again in California creationism case". National Center for Science Education. January 12, 2010. Retrieved January 24, 2010.
  12. Association of Christian Schools International v. Stearns, 562 U.S. 975(2010) (cert. denied).
  13. "The end of ACSI v. Stearns". National Center for Science Education. October 19, 2010. Retrieved October 19, 2010.