Re: Fwd: Judge Jones sided with the Discovery Institute and ruled against the Dove...

From: David Opderbeck <dopderbeck@gmail.com>
Date: Mon Jan 02 2006 - 17:08:27 EST

What does Powell's concurrence in Aguilard have to do with anything?
There's no extended discussion of "science" there.

On 1/2/06, Pim van Meurs <pimvanmeurs@yahoo.com> wrote:
>
> > David
>
>
> > /All the ruling does is prevent ID from being taught in high schools
> > since it, (at this moment), does not meet the standards of science.
> > /
> >
> > But what the ruling was /supposed/ to do was ask whether ID
> > unconstitutionally promotes religion, not whether ID meets the
> > standards of science. Hence the first amendment problem.
>
>
> The two questions are intertwined as Powell argues in his concurring
> opinion on Edwards v Aguillard.
>
> /The Court's search for a valid, bona fide secular purpose, also
> suggests the conclusion that the concurrence in Edwards in fact
> draws: "If no valid secular purpose can be identified, then the
> statute violates the Establishment Clause."45 In this context, the
> search for the bone fide secular purpose would entail a close
> examination of alternatives to evolution, including the question
> whether the alternative constitutes a valid scientific theory./
>
> 45 482 U.S. at 597 (Powell, J., concurring).
> http://www.acslaw.org/pdf/Intelligent_Design_White_Paper.pdf
>
> See also http://www.talkorigins.org/faqs/edwards-v-aguillard.html#Concur1
>
>
> jack syme wrote:
>
> >> In other words, I am not arguing that the judge's decision is
> >> neutral, judges seldomly are neutral by virtue of having to decide
> >> one way or the other. What I am arguing is that the Judge's ruling is
> >> well supported by argument, evidence and fact and is by virtue of its
> >> thorougness, quite impressive.
> >
> >
> >
> > It is not supported by argument. It is supported by judicial
> > precedent, and by the constraints that judges are allowed to work
> > within. This does not necessarily mean that the decision was "good" in
> > the sense that the Gospel, or Truth was promoted.
>
>
> The court is not in the business of promoting the Truth or the Gospel.
> Therefor, from a perspective of justice, the ruling was well rooted in
> precendent and legal practice.
>
> >
> > I am going to give the benefit of the doubt to the ID proponents, who
> > as far as I can tell, were only motivated by trying to make sure that
> > what was taught in their children's school was balanced and not
> > subjected solely to a materialistic worldview.
>
> The Judge seems to disagree and considers this to be a 'sham'. Much of
> the fault for ID proponents believing this is because of the arguments
> promoted by ID proponents in general who give the impression that there
> is a scientific foundation to their claims.
> The idea of a balanced treatment has also failed to withstand judicial
> scrutiny for good reasons, it intended to promote a (Christian)
> religious idea.
> Since science is often confused with materialistic worldview, I'd argue
> that such a position does an additional disservice to those who reject
> evolution as materialistic. I am presently reading an excellent book by
> Keith B Miller "Perspectives on an evolving creation" with chapters by
> many ASA members who show that science need to contradict with religion
> and vice versa. In fact, the chapters not only present compelling
> theological arguments but also compelling evidence why evolution is
> strongly supported by such "Icons" as the Cambrian explosion,
> transitional fossils, biochemistry, and genetics. All in all a book well
> worth reading.
>
> Bill Hamilton
>
> >Have you read the Judge's decision? It relates numerous instances of
> board
> >members lying in court testimony about their statements before the board
> of
> >education, and several instances of board members intimidating other
> members,
> >accusing them of being atheists, "not good Christians", and even one case
> of
> >threatening a member with damnation. What you say above may be correct,
> but
> >the means used stink.
> >
> Good point.
>
Received on Mon Jan 2 17:09:07 2006

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