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Old 12-20-2005, 07:09 PM   #1
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Default GA: Federal Judge Shoots Down 'Intelligent Design'

Judge Rules Against 'Intelligent Design' In Science Class
Delia Gallagher and Phil Hirschkorn | CNN | 12/20/2005

HARRISBURG, Pennsylvania (CNN) -- A Pennsylvania school district cannot teach in science classes a concept that says some aspects of science were created by a supernatural being, a federal judge has ruled.

In an opinion issued Tuesday, U.S. District Judge John Jones ruled that teaching "intelligent design" would violate the Constitutional separation of church and state.

"We have concluded that it is not [science], and moreover that ID cannot uncouple itself from its creationist, and thus religious, antecedents," Jones writes in his 139-page opinion posted on the court's Web site.

"To be sure, Darwin's theory of evolution is imperfect. However, the fact that a scientific theory cannot yet render an explanation on every point should not be used as a pretext to thrust an untestable alternative hypothesis grounded in religion into the science classroom or to misrepresent well-established scientific propositions," Jones writes.

Intelligent design claims the complexity of some systems of nature cannot be explained by evolution but must be attributed to a designer or supernatural being.

The Dover Area School District, about 25 miles from the state capital, sought to become the first in the nation to require high school science teachers to teach the concept of intelligent design as an alternative to Darwin's theory of evolution.

"Because Darwin's Theory is a theory, it continues to be tested as new evidence is discovered. The theory is not a fact," said the statement that the old school board approved in a 6-3 vote in October 2004. "With respect to any theory, students are encouraged to keep an open mind."

That school board mandated the teaching for ninth-grade biology classes and directed school libraries to purchase an alternative textbook, "Of Pandas and People," which advocated the concept. The town has since voted out eight of nine board members.

A lawsuit challenging the policy was brought in December 2004 by 11 parents in conjunction with the American Civil Liberties Union and Americans United for the Separation of Church and State last December.

Jones presided over a six-week trial that ended last month. His decision applies only to the Pennsylvania school district.

His decision would block the school district's plan "requiring teachers to denigrate or disparage the scientific theory of evolution, and from requiring teachers to refer to a religious, alternative theory known as ID."

Jones says in his ruling that he did not doubt that intelligent design advocates "have bona fide and deeply held beliefs which drive their scholarly endeavors," but he also said scientific experts testified that Darwin's theory "in no way conflicts with, nor does it deny, the existence of a divine creator."

Jones -- an appointee of President Bush, who backs the teaching of Intelligent Design -- defended his decision in personal terms.

"Those who disagree with our holding will likely mark it as the product of an activist judge. If so, they will have erred as this is manifestly not an activist court," Jones writes.

"Rather, this case came to us as the result of the activism of an ill-informed faction on a school board, aided by a national public interest law firm eager to find a constitutional test case on intelligent design, who in combination drove the board to adopt an imprudent and ultimately unconstitutional policy," he said.

Barry Lynn, executive director of Americans United for Separation of Church and State, said, "Children in public schools deserve top quality science education and freedom from religious indoctrination and today they were granted both."

In 1987, the Supreme Court ruled that Louisiana could not teach creationism because it would "restructure the science curriculum to conform with a particular religious viewpoint."
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Old 12-21-2005, 04:15 PM   #2
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yup i heard that
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Old 12-21-2005, 04:20 PM   #3
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However, the fact that a scientific theory cannot yet render an explanation on every point should not be used as a pretext to thrust an untestable alternative hypothesis grounded in religion into the science classroom or to misrepresent well-established scientific propositions.
Quoted for posterity.

Thank God at least SOME judges in this country know what science is and isn't.
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Old 12-21-2005, 04:21 PM   #4
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Originally Posted by ChronicSmoke7
yup i heard that
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Old 12-21-2005, 05:29 PM   #5
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my bad, it was on the news
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Old 12-21-2005, 05:30 PM   #6
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Buzz, I was trying to find the transcript from the O'Reilly Factor last night and I came across this clip from his show on December 1. You really need to see this:

http://mediamatters.org/items/200512020005
Quote:
O'REILLY: OK, but to answer your question, CNN is perceived to be a left-wing outlet, and they don't like your voice on the left-wing outlet. But, you know, aren't liberals or far-left people supposed to be champions of freedom of speech? Isn't that what the ACLU [American Civil Liberties Union] is all about?

COULTER: No, of course not. They're Nazi block watchers. This is what they're good at.

O'REILLY: They're Nazi what?

COULTER: Block watchers, you know. They tattle on their parents, turn them in to the Nazis. They're little Nazi block watchers.

[...]

O'REILLY: All right. Be careful, Ann. They're bad people.

COULTER: Thank you.

O'REILLY: They are bad people.

COULTER: They are bad people.

O'REILLY: And that's not an ideological statement. They are bad human beings, doing what they're doing.
CNN a left-wing news outlet? If anything, reports show that Fox is the right-wing outlet and CNN and other networks tend to stay in the middle when it comes to reporting. Man this guy really pisses me off.

Alright, sorry to distract from the topic Anyways, here's Bill talking to a professor in January about ID:
Quote:
O'Reilly: Top Story Tonight. Spurred on by the ACLU and other so-called freedom groups, a nationwide controversy has erupted over teaching Intelligent Design in public school biology classes. Intelligent Design is the belief that a higher power created the universe. Some Americans want it taught alongside evolution. In the Dover, Pennsylvania school district, teachers wouldn't even mention Intelligent Design, so today the District Superintendent had to do it. Lawsuits are flyin'. Joining us today is Michael Grant, a Professor of Biology at the University of Colorado.

See, I can't understand, as a former high school teacher myself, why you can't just say "Well, some people believe there's a deity and the deity formed the universe and things progressed from there?" What would be wrong with that, Professor?

HL: What Bill means is "God," and more importantly the Christian God. With a majority of this country believing in God and subscribing to Christianity, they surely aren't talking about Allah!

GRANT: Well, my view of what would be wrong with that is it's not science. And that's not the place to talk about those kinds of things. The proper place to talk about those kinds of issues is in comparative religion. It's in the philosophy classes. Biology classes should be science.

O'Reilly: OK. But science is incomplete in this area of creationism, is it not?

HL: My bad, Bill, I forgot Creationism was a complete doctrine on how we got here. You can't argue with that can ya!

GRANT: Science is always incomplete in all areas.

HL: Excellent point! It shows the weakness of that "point" from those who support ID. Science "evolves," pun intended.

O'Reilly: Well, I don't agree with that. Science is not always incomplete and I'll give you an example. There are twenty-four hours in a day. Alright. That's science. And there are four seasons. That's science. So you can state things with certainty in biology or any other science you want. However, if I'm a student in your class and you're telling me, well, there might have been a meteor or big bang or there might have been this or there might have been that, I'm gonna raise my hand like the wise guy I am and say "Professor, might there be a higher power that contributed to the fact that we're all here?" and you say - what?

HL: Bill's wrong again. There ARE 24-hours in a day on the planet earth. But doesn't he know that we have two concepts of time: general and relative? That's also in incomplete statement, that there are 24-hours in a day. Why? Because as the moon moves further away from the earth it will disrupt the orbit and there will no longer be a 24-hour days, hence science is incomplete...always.

And if a kid asked me that question, I would tell him to ask about that in his philosophy class...


GRANT: I say that's something you need to question, you need to think about, you need to discuss with other people. You need to do that in the proper class. In the biology class we deal with science, with the natural world and what fits our conventional concepts of science.

O'Reilly: But, what if it turns out there is a God and He did create the universe and you die and then you figure that out? Aren't you gonna feel bad that you didn't address that in your biology class?

HL:

GRANT: Well, to quote a famous quote ...

O'Reilly (overtalks all words): Cause then it would be science, wouldn't it? You know, if tomorrow the deity came down and proved himself, then it would be science, wouldn't it, sir?

GRANT: If it meets the convention standards - whatever it is you're referring to - meets science, then I certainly would be convinced. And, until and unless that happens, I'm going to go on teaching what I see is current science.

O'Reilly: Alright. See. I think this is a narrow-minded view, with all due respect, that you are holding. But I must point out to our viewers that most academics agree with the professor. Alright. It's pinheads like me that cause trouble. Now. Cloning of human beings. It's never been done that we know of. Would you agree with that?

GRANT: To the best of my knowledge, it has not yet been done. That's correct.

O'Reilly (overtalks the last 8 words): OK. Now. Do you not talk about cloning of human beings in biology class? Do you not talk about the possibility that may come about in the future?

GRANT: In certain special classes and the bioethics classes, we definitely do talk about that....

O'Reilly (overtalks last 3 words): Yeah. It's not science, sir!!

GRANT: ...whether it could or should be done. It's very much science.

O'Reilly: Yeah. It's not science, is it?

GRANT: There's an enormous amount of science in it.

O'Reilly: It's not!

GRANT: Absolutely.

O'Reilly: Whoa! Whoa! Whoa! It's not science. It hasn't been done.

HL: But we have cloned things, have we not? Sheep for example. The same theory applies to a human, it's just an ethical issue at this point.

GRANT: Yes, it is.

O'Reilly: So, by your theory in the creationism deal, you shouldn't talk about that at all, because it hasn't been done, it hasn't been proven, nothing's happened there!

GRANT: That's not the definition of science and I never said that was the definition of science - that it hasn't been done and it hasn't been proven. What I'm saying is that we use conventional information about what our best understanding of the natural world is at this point in time. Of course it can change. I can give you lots of examples of where we have to change. That's the nature of science. It does not take a biblical or any particular source as unchanging truth. We continually test. We continually monitor. We continually change.

O'Reilly (overtalks last 6 words): I wouldn't teach the Bible. I - see, I agree that I wouldn't say "Look, you guys should read Genesis and do the Adam and Eve nuh" - if I were professor of biology, I wouldn't, I wouldn't do that. But I would say "Look, there are a lot of very brilliant scholars who believe the reason we have incomplete science on evolution is that there is a higher power involved in this and you should consider it as a scientist." I don't think there's anything wrong with that, Professor. And I think the people like the ACLU, who don't want you to mention it in your biology class, are the Taliban. I think THEY are the ones that are infringing on the rights of all American students by not allowing that to be at least considered. I'll give you the last word.

HL: Oh, please! Bill's a full-fledged Christian. He believes in God. He's not saying it because his entire argument would go to, well, hell!

GRANT: I think it should be considered in the classes that I mentioned. But you don't start from the premise that Dembski, who's one of the leading members of the Intelligent Design group, says. [Reads] "As Christians, we know naturalism is false." If you start from that premise ...

O'Reilly: Nah. I wouldn't do that.

GRANT: ... you've abandoned science.

O'Reilly: Sure. I mean ..

GRANT: Well, that's one of your leading Intelligent Design individuals.

O'Reilly: But it's not me! And I'm sayin' you guys are all wrong by not allowing a biology class to consider the universe in all the forms that it may take. Professor, we appreciate your point of view. Thanks very much.

HL: Bill just doesn't get it, he completely missed the point (like you'll see in his next transcript) that ID is not a theory. It's claimed to be an unchanging fact that you CANNOT argue against. That's not science. That's a fairy tale.
And if Bill (or anyone else) wants a GREAT explanation on how science takes new input and eventually arrives at a theory, check out the Structure of Scientific Revolutions. Now on to the show about the federal judge shooting down "Intelligent Design" from yesterday:

There is an ongoing controversy about teaching "intelligent design" as an alternate theory to evolution. In Pennsylvania, Federal Judge John Jones has declared it is unconstitutional to mention intelligent design in biology classes. Fox News analyst Andrew Napolitano disagreed with the judge's opinion. "He says even mentioning a deity is a violation of the First Amendment because it is using government money to choose religion over non-religion. Fortunately, his decision is limited to the area where he sits in Pennsylvania. And when Judge Alito replaces Justice O'Connor this kind of nonsense will be gone." The Factor cited this as another example of judicial overreach. "We have a federal judge who says a school can not mention God in a biology class. We're really losing our bearings here. I'm worried about a loss of freedom in this country, and we have to start fighting back or the country's gone."

...on second thought, I can't find the transcript yet, they don't publish them until 24-hours after airing.
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Old 12-21-2005, 06:44 PM   #7
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HL: Bill just doesn't get it, he completely missed the point (like you'll see in his next transcript) that ID is not a theory. It's claimed to be an unchanging fact that you CANNOT argue against. That's not science. That's a fairy tale.
I disagree. It is not presented as an unchanging fact, it is presented as a hypothesis. The hypothesis being: "complexity necessitates intelligent design". It is a ludicrous hypothesis, in my opinion, but a hypothesis nonetheless -- and hypothesis / scientific theory are synonymous.

It is empirically testable, in that you could gather data on complex systems and their origin, and either accumulate data on intelligently-designed complex systems or discover a complex system that was not intelligently designed, thus disproving the hypothesis (or accumulating support for it if you did not find such a counterexample).

The point Bill truly missed, I think, and what a lot of people are missing, is that there has been no such empirical testing. That is the first problem with intelligent design as a theory, and the second is that it is not addressing the same topic as that which it has been pitted against -- evolution.

In regards to the former, it is preposterous that a hypothesis (even if it is a valid hypothesis) would be suggested as an alternate explanation to a question with no evidence whatsoever. Einstein was hardly accepted by the scientific community for a long time because the only evidence he mustered (since general and special relativity is empirically untestable without attaining speeds near the speed of light) were mathematical representations of his theories that hardly anyone understood. Eventually, people DID come to understand the math, and the math supported his theories, and his theories are now accepted as scientific, and taught in the classroom. That is the way it should be.

Intelligent design, however, has zero evidence backing up its hypothesis. The hypothesis could be tested in the manner I mentioned earlier, however no one (especially the people proposing the theory) have done such testing. I am sure it is because the only evidence that could be empirically gathered could possible disprove their little theory. How hard would it be, after all, to find one, just one, complex system that was not designed by an intelligent being?

In regards to the latter flaw with intelligent design, the amount of evidence accumulated supporting evolution is not insignificant. The amount of evidence supporting evolution as the origin of species is quite lacking -- in fact Darwin abandoned the idea himself shortly after he thought of it. But that is not what intelligent designed is being proposed as an alternative for -- it is in fact evolution itself that they propose to put side-by-side with intelligent design.

Do we know that life evolves? Absolutely. It is not questioned. It is scientific fact, as solid a theory as gravity, and I have not heard it ever disputed, for the body of evidence supporting it is enormous.

Do we know that life evolving is, in fact, how life got started in the first place? In other words, did life come into being because it evolved from non-life -- proteins and amino acids combining to form the first single-celled organisms? No, we do not know that at all. In fact, Darwin abandoned the idea, and it has not been researched much since then, for the evidence supporting or refuting it is so minute and so hard to gather that it has not been a pressing scientific concern. After all, discovering the origin of something millions, possibly billions, of years old is not easy. It is akin to the Big Bang theory, something that is so distant from our present situation that it still has much evidence to be gathered and the theories surrounding it are still evolving (pun intended).

If anything, intelligent design should be proposed as an alternative for that, for the theory that evolution is what got life started in the first place. It shouldn't be proposed as an alternative, due to the first flaw (it has no evidence supporting it whatsoever, the people presenting it are not scientists and in fact have no empirical data to support their hypothesis, therefore it is not a truly scientific hypothesis at all), but in fact it isn't being proposed as an alternative for that at all. It is being proposed as an alternative for evolution itself -- the question of whether life evolves at all, a matter which is completely and widely accepted by the scientific community everywhere. We all know that life evolves, many of us have seen it happen ourselves in petri dishes, and yet this is what intelligent design is being presented as an alternative to.

Creationism repackaged, indeed.
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Old 12-24-2005, 03:30 PM   #8
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Default Judge's ruling seen as blow to intelligent design

Judge's ruling seen as blow to intelligent design
By Rachel Zoll | Kentucky.com | Dec. 22, 2005
BUT SOME SAY IT WILL GALVANIZE SUPPORTERS

A federal judge's ruling that intelligent design is faith masquerading as science is being viewed by all sides involved with the issue as a setback, though not a fatal blow, for the movement promoting the concept as an alternative to evolution.

Intelligent design advocates say the judge's lengthy, pointed rebuke of the concept Tuesday in a case out of Pennsylvania may energize supporters, many of whom view his opinion as part of a broader pattern of hostility by courts and the government to religion in public schools.

U.S. District Judge John E. Jones criticized the "breathtaking inanity" of the 2004 decision by the Dover Area School Board to insert intelligent design into the science curriculum. He called the concept "a religious view, a mere relabeling of creationism" and said the board's policy violated the constitutional separation of church and state. Intelligent design holds that living organisms are so complex that they must have been created by some kind of higher being.

"This galvanizes the Christian community," said William Dembski, a leading proponent of the theory and a senior fellow at the Discovery Institute, a Seattle think tank that promotes intelligent design research. "People I'm talking to say we're going to be raising a whole lot more funds now."

PS: Well, I wonder who he is talking to? It seems to me that lying is not something that would be considered good christian morals, and such actions would turn away support. The Christian community should be galvanized AGAINST the Discovery Institute.

From a legal perspective, the decision's immediate consequences are very limited. The school system is not expected to appeal, because several board members who backed intelligent design were voted out of office in November and replaced by candidates who reject the policy.

Yet opponents contend intelligent design advocates have emerged from the case substantially weakened. The ruling will probably influence judges in other districts and discourage other school officials from pursuing similar policies, said K. Hollyn Hollman, general counsel for the Baptist Joint Committee, a Washington group that promotes separation of church and state.

Battles over evolution are already being waged in Georgia and Kansas.

"Because it was a six-week trial, with a lot of testimony from proponents of intelligent design as well as critics from the scientific community, it's going to have a big impact," Hollman said. "It had a pretty full hearing."
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