McLean v. Arkansas

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McLean v. Arkansas
Arkansas-eastern.png
Court United States District Court for the Eastern District of Arkansas
Full case nameMcLean v. Arkansas Board of Education
DecidedJanuary 5, 1982
Citation(s) 529 F. Supp. 1255
Transcript(s) 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(s) 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]

Contents

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.

Parties

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.

Background

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

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:

  1. Sudden creation of the universe, energy and life from nothing;
  2. The insufficiency of mutation and natural selection in bringing about development of all living kinds from a single organism;
  3. Changes only with fixed limits of originally created kinds of plants and animals;
  4. Separate ancestry for man and apes;
  5. Explanation of the Earth's geology by catastrophism, including the occurrence of worldwide flood;
  6. A relatively recent inception of the Earth and living.

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:

  1. Emergence by naturalistic processes of the universe from disordered matter and emergence of life from nonlife;
  2. The sufficiency of mutation and natural selection in bringing about development of present living kinds from simple earlier kinds;
  3. Emergency [sic] by mutation and natural selection of present living kinds from simple earlier kinds;
  4. Emergence of man from a common ancestor with apes;
  5. Explanation of the Earth's geology and the evolutionary sequence by uniformitarianism; and
  6. An inception several billion years ago of the Earth and somewhat later of life.

The Act was signed into law by Governor Frank D. White on March 19, 1981.

McLean v. Arkansas ruling

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:

  1. It is guided by natural law;
  2. It has to be explanatory by reference to natural law;
  3. It is testable against the empirical world;
  4. Its conclusions are tentative, i.e. are not necessarily the final word; and
  5. It is falsifiable.

Overton found that "creation science" failed to meet these essential characteristics for these reasons:

  1. Sudden creation "from nothing" is not science because it depends upon a supernatural intervention which is not guided by natural law, is not explanatory by reference to natural law, is not testable and is not falsifiable;
  2. "insufficiency of mutation and natural selection" is an incomplete negative generalization;
  3. "changes only within fixed limits of originally created kinds" fails as there is no scientific definition of "kinds", the assertion appears to be an effort to establish outer limits of changes within species but there is no scientific explanation for these limits which is guided by natural law and the limitations, whatever they are, cannot be explained by natural law;
  4. "separate ancestry of man and apes" is a bald assertion which explains nothing and refers to no scientific fact or theory;
  5. Catastrophism and any kind of Genesis Flood depend upon supernatural intervention, and cannot be explained by natural law;
  6. "Relatively recent inception" has no scientific meaning, is not the product of natural law; not explainable by natural law; nor is it tentative;
  7. No recognized scientific journal has published an article espousing the creation science theory as described in the Act, and though some witnesses suggested that the scientific community was "close-minded" and so had not accepted the arguments, no witness produced a scientific article for which publication has been refused, and suggestions of censorship were not credible;
  8. A scientific theory must be tentative and always subject to revision or abandonment in light of facts that are inconsistent with, or falsify, the theory. A theory that is by its own terms dogmatic, absolutist, and never subject to revision is not a scientific theory;
  9. While anybody is free to approach a scientific inquiry in any fashion they choose, they cannot properly describe the methodology as scientific, if they start with the conclusion and refuse to change it regardless of the evidence developed during the course of the investigation.

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]

Related Research Articles

Creationism Belief that nature originated through supernatural acts

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 Pseudoscientific form of Young Earth creationism

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 Form of creationism

Young Earth creationism (YEC) is a form of creationism which holds as a central tenet that the Earth and its lifeforms were created in their present forms by supernatural acts of the God of Abraham between approximately 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, in contrast with old Earth creationism (OEC), which holds literal interpretations of Genesis that are compatible with the scientifically determined ages of the Earth and universe and theistic evolution, which posits that the scientific principles of evolution, the Big Bang, age of the universe and age of Earth are compatible with a metaphorical interpretation of Genesis.

Rejection of evolution by religious groups Rejection of evolution by religious groups

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.

History of creationism History of thought based on the premise that the natural universe had a beginning, and came into being supernaturally

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 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.

Neo-creationism 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.

The following outline is provided as an overview of and topical guide to the creation–evolution controversy.

Intelligent design in politics Aspect of creationism

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<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.

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.

History of the creation–evolution controversy Aspect of history

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 questioned the legitimacy of scientific ideas that contradicted the literal interpretation of the creation account in Genesis. Interpretation of the Judeo-Christian Bible had long been the prerogative of an orthodox priesthood able to understand Latin who traditionally held that Genesis was not meant to be read literally and taught it as an allegory. With the advent of the printing press, the translation of the Bible into other languages, and wider literacy, sundry and more literal understandings of scripture flourished. This allowed some religious persons and groups to challenge scientists who supported evolution, such as biologists Thomas Henry Huxley and Ernst Haeckel.

Truth in Science United Kingdom-based creationist organisation

Truth in Science is a United Kingdom-based creationist organisation which promotes the Discovery Institute's "Teach the Controversy" campaign, which it uses to try to get pseudoscientific intelligent design creationism taught alongside evolution in school science lessons. The organisation claims that there is scientific controversy about the validity of Darwinian evolution, a view rejected by the United Kingdom's Royal Society and over 50 Academies of Science around the world. The group is affiliated with the Discovery Institute, the hub of the intelligent design movement, following its strategy and circulating the Institute's promotional materials.

Level of support for evolution Variation in support for the theory of evolution

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 Arguments that have been made against evolution

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 overwhelming acceptance in the scientific community. The observation of evolutionary processes occurring has been uncontroversial among mainstream biologists since the 1940s.

Timeline of intelligent design 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.

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 states passed laws banning the teaching of evolution.

This article presents an overview of creationism by country.

References

  1. 1 2 McLean v. Arkansas, 529F. Supp.1255 (E.D Ark.1982).
  2. Understanding the Intelligent Design Creationist Movement: Its True Nature and Goals. Archived May 19, 2011, at the Wayback Machine (pdf) A Position Paper from the Center for Inquiry, Office of Public Policy Barbara Forrest. May 2007.
  3. Edwards v. Aguillard , 482 U.S. 578 (1987).
  4. Creationism/ID, A Short Legal History Archived August 23, 2014, at the Wayback Machine By Lenny Flank, Talk Reason
  5. Scott, Eugenie (June 30, 2004). Evolution vs. Creationism. Greenwood Press. pp. 1590–1628 Kindle ed. ISBN   978-0-313-32122-1.
  6. Frank Spencer, ed. (1996). History of Physical Anthropology: An Encyclopedia (Garland Reference Library of Social Science) (illustrated ed.). Routledge. p. 297. ISBN   978-0-8153-0490-6.
  7. Epperson v. Arkansas , 393 U.S. 97 (1968).
  8. Laudan, L. (1982). "Commentary: Science at the Bar-Causes for Concern". Science, Technology, & Human Values. 7 (41): 16–19. doi:10.1177/016224398200700402. JSTOR   688928.
  9. Phy-Olsen, Allene. Evolution, Creationism, and Intelligent Design
  10. Fry, Iris. Emergence of Life on Earth: A Historical and Scientific Overview, Rutgers University Press, February 1, 2000

Further reading