McLean v. Arkansas | |
---|---|
Court | United States District Court for the Eastern District of Arkansas |
Full case name | McLean v. Arkansas Board of Education |
Decided | January 5, 1982 |
Citation | 529 F. Supp. 1255 |
Transcript | McLean v. Ark |
Holding | |
The Arkansas Balanced Treatment Act of 1981 requiring schools balance the teaching of evolution with the teaching of creation science violated the Establishment Clause of the First Amendment to the United States Constitution | |
Court membership | |
Judge sitting | William Overton |
McLean v. Arkansas Board of Education, 529 F. Supp. 1255 (E.D. Ark. 1982), was a 1981 legal case in the US state of Arkansas. [1]
A lawsuit was filed in the United States District Court for the Eastern District of Arkansas by various parents, religious groups and organizations, biologists, and others who argued that the Arkansas state law known as the Balanced Treatment for Creation-Science and Evolution-Science Act (Act 590), which mandated the teaching of "creation science" in Arkansas public schools, was unconstitutional because it violated the Establishment Clause of the First Amendment to the United States Constitution.
Judge William Overton handed down a decision on January 5, 1982, giving a clear, specific definition of science as a basis for ruling that creation science is religion and is simply not science. [1] The ruling was not binding on schools outside the Eastern District of Arkansas but had considerable influence on subsequent rulings on the teaching of creationism. [2]
Arkansas did not appeal the decision and it was not until the 1987 case of Edwards v. Aguillard , [3] which dealt with a similar law passed by the State of Louisiana, that teaching "creation science" was ruled unconstitutional by the Supreme Court, making that determination applicable nationwide. [4]
Act 590 had been put forward by a Christian fundamentalist on the basis of a request from the Greater Little Rock Evangelical Fellowship for the introduction of legislation based on a "model act" prepared using material from the Institute for Creation Research. It was opposed by many religious organizations and other groups.
The plaintiffs in the suit, who opposed the "balanced treatment" statute, were led by the Reverend William McLean, a United Methodist minister. [5] [6]
The other plaintiffs were:
The defendants were the Arkansas Board of Education and its members, in their official capacity, the director of the Department of Education, in his official capacity, and the State Textbooks and Instructional materials Selecting Committee. The Pulaski County Special School District and its directors and superintendent were named in the original complaint but were voluntarily dismissed by plaintiffs at the pre-trial conference on October 1, 1981.
Various state laws prohibiting teaching of evolution had been introduced in the 1920s. They were challenged in 1968 at Epperson v. Arkansas which ruled that "The law's effort was confined to an attempt to blot out a particular theory because of its supposed conflict with the Biblical account, literally read. Plainly, the law is contrary to the mandate of the First, and in violation of the Fourteenth Amendment to the Constitution." [7] The creationist movement turned to promoting teaching creationism in school science classes as equal to evolutionary theory.
Arkansas Act 590 of 1981, entitled the "Balanced Treatment for Creation Science and Evolution Science Act," mandated that "creation science" be given equal time in public schools with evolution.
Creation science was defined as follows: "Creation science means the scientific evidences for creation and inferences from those evidences. Creation science includes the scientific evidences and related inferences that indicate:
Evolution science was defined as follows: "Evolution-science" means the scientific evidences for evolution and inferences from those scientific evidences. Evolution-science includes the scientific evidences and related inferences that indicate:
The act was signed into law by Governor Frank D. White on March 19, 1981.
Judge William Overton's ruling handed down on January 5, 1982, concluded that "creation-science" as defined in Arkansas Act 590 "is simply not science". The judgment defined the essential characteristics of science as being:
Overton found that "creation science" failed to meet these essential characteristics for these reasons:
The creationists' methods do not take data, weigh it against the opposing scientific data, and thereafter reach the conclusions stated in [the act] Instead, they take the literal wording of the Book of Genesis and attempt to find scientific support for it. The act took a two-model approach to teaching identical to the approach put forward by the Institute for Creation Research, which assumes only two explanations for the origins of life and existence of man, plants and animals: it was either the work of a creator or it was not. Creationists take this to mean that all scientific evidence which fails to support the theory of evolution is necessarily scientific evidence in support of creationism. The judgment found this to be simply a contrived dualism which has no scientific factual basis or legitimate educational purpose.
The judge concluded that "the Act was passed with the specific purpose by the General Assembly of advancing religion," and that it violated the First Amendment's Establishment Clause.
The test that Overton developed on the basis of Michael Ruse's testimony was later criticized by the philosopher of science Larry Laudan who argued that rather than call Creation Science "non-science" it would have been more cogent to show that it was "bad science". [8] Chandra Wickramasinghe was the single scientist testifying for the defense of creationism. [9] He hypothesized on panspermia and on "the possibility of high intelligence in the Universe and of many increasing levels of intelligence converging toward a God as an ideal limit." [10]
Creationism is the religious belief that nature, and aspects such as the universe, Earth, life, and humans, originated with supernatural acts of divine creation. In its broadest sense, creationism includes a continuum of religious views, which vary in their acceptance or rejection of scientific explanations such as evolution that describe the origin and development of natural phenomena.
Creation science or scientific creationism is a pseudoscientific form of Young Earth creationism which claims to offer scientific arguments for certain literalist and inerrantist interpretations of the Bible. It is often presented without overt faith-based language, but instead relies on reinterpreting scientific results to argue that various myths in the Book of Genesis and other select biblical passages are scientifically valid. The most commonly advanced ideas of creation science include special creation based on the Genesis creation narrative and flood geology based on the Genesis flood narrative. Creationists also claim they can disprove or reexplain a variety of scientific facts, theories and paradigms of geology, cosmology, biological evolution, archaeology, history, and linguistics using creation science. Creation science was foundational to intelligent design.
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."
Young Earth creationism (YEC) is a form of creationism which holds as a central tenet that the Earth and its lifeforms were created by supernatural acts of the Abrahamic God between about 6,000 and 10,000 years ago. In its most widespread version, YEC is based on the religious belief in the inerrancy of certain literal interpretations of the Book of Genesis. Its primary adherents are Christians and Jews who believe that God created the Earth in six literal days.
Recurring cultural, political, and theological rejection of evolution by religious groups exists regarding the origins of the Earth, of humanity, and of other life. In accordance with creationism, species were once widely believed to be fixed products of divine creation, but since the mid-19th century, evolution by natural selection has been established by the scientific community as an empirical scientific fact.
The history of creationism relates to the history of thought based on the premise that the natural universe had a beginning, and came into being supernaturally. The term creationism in its broad sense covers a wide range of views and interpretations, and was not in common use before the late 19th century. Throughout recorded history, many people have viewed the universe as a created entity. Many ancient historical accounts from around the world refer to or imply a creation of the earth and universe. Although specific historical understandings of creationism have used varying degrees of empirical, spiritual and/or philosophical investigations, they are all based on the view that the universe was created. The Genesis creation narrative has provided a basic framework for Jewish and Christian epistemological understandings of how the universe came into being – through the divine intervention of the god, Yahweh. Historically, literal interpretations of this narrative were more dominant than allegorical ones.
William Ray Overton was a United States district judge of the United States District Court for the Eastern District of Arkansas.
Dean H. Kenyon is an American biophysicist who is Professor Emeritus of Biology at San Francisco State University, a young Earth creationist, and one of the founders of the intelligent design movement. He is the author of Biochemical Predestination.
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.
The following outline is provided as an overview of and topical guide to the creation–evolution controversy.
The intelligent design movement has conducted an organized campaign largely in the United States that promotes a pseudoscientific, neo-creationist religious agenda calling for broad social, academic and political changes centering on intelligent design.
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.
Robert Vance Gentry was an American young Earth creationist and nuclear physicist, known for his claims that radiohalos provide evidence for a young age of the Earth.
Rejection of evolution by religious groups, sometimes called creation–evolution controversy, has a long history. In response to theories developed by scientists, some religious individuals and organizations question the legitimacy of scientific ideas that contradicted the young earth pseudoscientific interpretation of the creation account in Genesis.
The level of support for evolution among scientists, the public, and other groups is a topic that frequently arises in the creation–evolution controversy, and touches on educational, religious, philosophical, scientific, and political issues. The subject is especially contentious in countries where significant levels of non-acceptance of evolution by the general population exists, but evolution is taught at public schools and universities.
Objections to evolution have been raised since evolutionary ideas came to prominence in the 19th century. When Charles Darwin published his 1859 book On the Origin of Species, his theory of evolution initially met opposition from scientists with different theories, but eventually came to receive near-universal acceptance in the scientific community. The observation of evolutionary processes occurring has been uncontroversial among mainstream biologists since the 1940s.
This timeline of intelligent design outlines the major events in the development of intelligent design as presented and promoted by the intelligent design movement.
The epistemic theory of miracles is the name given by the philosopher William Vallicella to the theory of miraculous events given by Augustine of Hippo and Baruch Spinoza. According to the theory, there are no events contrary to nature — that is no "transgressions", in Hume's sense, of the laws of nature. An event is a miracle only in the sense that it does not agree with our understanding of nature, or fit our picture of nature, or that it thwarts our expectations as to how the world should behave. According to a perfect scientific understanding there would be no miracles at all.
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.
This article presents an overview of creationism by country.