This is what happens when the theoconservative movement gets examined in an arena where truth matters and words mean things. You get to see what's really going on in clear, precise, focused detail. You get to see the lies, the deceptions, the redefinition of words to mean their opposite, the demonisation of their opponents, the intimidation tactics the use, and finally, you get
a judge who gets it.
Several excerpts from the decision are below, but I
plead with you to read the entire decision, because it's kind of a very high-level survey of the fundamentalist movement. And I want to stress something:
Everything they've done here, they do everywhere.These actions - these changing of words to mean their opposite, this stated revolutionary attempt to replace science with supernatural-causes thinking on
every level of science, which they want to rebuild from the ground up ("entire fields of inquiry, including especially in the human sciences, will need to be rethought from the ground up in terms of intelligent design") - this absolute retreat from naturalism and observable reality to theology - these
aren't the exception. They're the
rule.
So when a theocon opens their mouth, remember Dover. Remember this case. Remember how they got taken apart when they were pinned down and under oath. Because it's
all just like this.
Everything is. If they open their mouths and say something, the odds are at least 50-50 that they are
lying to advance their theocratic
goal.
Please. Read it. It's double-spaced, so don't let the page count scare you. Here's a clear URL to a pdf of the full, unedited decision:
http://www.sciohost.org/ncse/kvd/kitzmiller_decision_20051220.pdfHere're some excerpts. Footnoted material is between horizontal lines, and are reproduced in-line. Everything not a header here (all headers are both
bold and italic) is verbatim from the decision.
Intelligent Design (ID) is, by definition, not science:After a searching review of the record and applicable caselaw, we find that while ID arguments may be true, a proposition on which the Court takes no position, ID is not science. We find that ID fails on three different levels, any one of which is sufficient to preclude a determination that ID is science. They are: (1) ID violates the centuries-old ground rules of science by invoking and permitting supernatural causation; (2) the argument of irreducible complexity, central to ID, employs the same flawed and illogical contrived dualism that doomed creation science in the 1980's; and (3) ID’s negative attacks on evolution have been refuted by the scientific community. As we will discuss in more detail below, it is additionally important to note that ID has failed to gain acceptance in the scientific community, it has not generated peer-reviewed publications, nor has it been the subject of testing and research.
The goal of the ID as used by the theoconservative movement pushing it is to change science so that it is overridden by supernaturalistic theology:It is notable that defense experts’ own mission, which mirrors that of the IDM itself, is to change the ground rules of science to allow supernatural causation of the natural world, which the Supreme Court in Edwards and the court in McLean correctly recognized as an inherently religious concept. Edwards, 482 U.S. at 591-92; McLean, 529 F. Supp. at 1267. First, defense expert Professor Fuller agreed that ID aspires to “change the ground rules” of science and lead defense expert Professor Behe admitted that his broadened definition of science, which encompasses ID, would also embrace astrology. (28:26 (Fuller); 21:37-42 (Behe)). Moreover, defense expert Professor Minnich acknowledged that for ID to be considered science, the ground rules of science have to be broadened to allow consideration of supernatural forces. (38:97 (Minnich)).
Prominent IDM leaders are in agreement with the opinions expressed by defense expert witnesses that the ground rules of science must be changed for ID to take hold and prosper. William Dembski, for instance, an IDM leader, proclaims that science is ruled by methodological naturalism and argues that this rule must be overturned if ID is to prosper. (5:32-37 (Pennock)); P-341 at 224 (“Indeed, entire fields of inquiry, including especially in the human sciences, will need to be rethought from the ground up in terms of intelligent design.”).
The Discovery Institute, the think tank promoting ID whose CRSC developed the Wedge Document, acknowledges as “Governing Goals” to “defeat scientific materialism and its destructive moral, cultural and political legacies” and “replace materialistic explanations with the theistic understanding that nature and human beings are created by God.” (P-140 at 4). In addition, and as previously noted, the Wedge Document states in its “Five Year Strategic Plan Summary” that the IDM’s goal is to replace science as currently practiced with “theistic and Christian science.” Id. at 6. The IDM accordingly seeks nothing less than a complete scientific revolution in which ID will supplant evolutionary theory. 14
14 Further support for this proposition is found in the Wedge Strategy, which is composed of three phases: Phase I is scientific research, writing and publicity; Phase II is publicity and opinion-making; and Phase III is cultural confrontation and renewal. (P-140 at 3). In the “Five Year Strategic Plan Summary,” the Wedge Document explains that the social consequences of materialism have been “devastating” and that it is necessary to broaden the wedge with a positive scientific alternative to materialistic scientific theories, which has come to be called the theory of ID. “Design theory promises to reverse the stifling dominance of the materialist worldview, and to replace it with a science consonant with Christian and theistic convictions.” Id. at 6. Phase I of the Wedge Strategy is an essential component and directly references “scientific revolutions.” Phase II explains that alongside a focus on influential opinion-makers, “we also seek to build up a popular base of support among our natural constituency, namely, Christians. We will do this primarily through apologetics seminars. We intend these to encourage and equip believers with new scientific evidence that support the faith, as well as to ‘popularize’ our ideas in the broader culture.” Id. Finally, Phase III includes pursuing possible legal assistance “in response to resistance to the integration of design theory into public school science curricula.” Id. at 7.
More on why ID is, definitionally, not science: it is neither testable nor refutable:Notably, every major scientific association that has taken a position on the issue of whether ID is science has concluded that ID is not, and cannot be considered as such. (1:98-99 (Miller); 14:75-78 (Alters); 37:25 (Minnich)). Initially, we note that NAS, the “most prestigious” scientific association in this country, views ID as follows:
Creationism, intelligent design, and other claims of supernatural intervention in the origin of life or of species are not science because they are not testable by the methods of science. These claims subordinate observed data to statements based on authority, revelation, or religious belief. Documentation offered in support of these claims is typically limited to the special publications of their advocates. These publications do not offer hypotheses subject to change in light of new data, new interpretations, or demonstration of error. This contrasts with science, where any hypothesis or theory always remains subject to the possibility of rejection or modification in the light of new knowledge.
Some of the tactics they use here, and everywhere else:In analyzing such distortion, we turn again to Pandas, the book to which students are expressly referred in the disclaimer. Defendants hold out Pandas as representative of ID and Plaintiffs’ experts agree in that regard. (16:83 (Padian); 1:107-08 (Miller)). A series of arguments against evolutionary theory found in Pandas involve paleontology, which studies the life of the past and the fossil record. Plaintiffs’ expert Professor Padian was the only testifying expert witness with any expertise in paleontology. 15 His testimony therefore remains unrebutted. Dr. Padian’s demonstrative slides, prepared on the basis of peer-reviewing scientific literature, illustrate how Pandas systematically distorts and misrepresents established, important evolutionary principles.
We will provide several representative examples of this distortion. First, Pandas misrepresents the “dominant form of understanding relationships” between organisms, namely, the tree of life, represented by classification determined via the method of cladistics. (16:87-97 (Padian); P-855.6-855.19). Second, Pandas misrepresents “homology,” the “central concept of comparative biology,” that allowed scientists to evaluate comparable parts among organisms for classification purposes for hundreds of years. (17:27-40 (Padian); P-855.83-855.102). Third, Pandas fails to address the well-established biological concept of exaptation, which involves a structure changing function, such as fish fins evolving fingers and bones to become legs for weight-bearing land animals. (16:146-48 (Padian)). Dr. Padian testified that ID proponents fail to address exaptation because they deny that organisms change function, which is a view necessary to support abruptappearance. Id. Finally, Dr. Padian’s unrebutted testimony demonstrates that Pandas distorts and misrepresents evidence in the fossil record about preCambrian-era fossils, the evolution of fish to amphibians, the evolution of small carnivorous dinosaurs into birds, the evolution of the mammalian middle ear, and the evolution of whales from land animals. (16:107-17, 16:117-31, 16:131-45, 17:6-9, 17:17-27 (Padian); P-855.25-855.33, P-855.34-855.45, P-855.46-855.55, P-855.56-866.63, P-855.64-855.82).
In addition to Dr. Padian, Dr. Miller also testified that Pandas presents discredited science. Dr. Miller testified that Pandas’ treatment of biochemical similarities between organisms is “inaccurate and downright false” and explained how Pandas misrepresents basic molecular biology concepts to advance design theory through a series of demonstrative slides. (1:112 (Miller)). Consider, for example, that he testified as to how Pandas misinforms readers on the standard evolutionary relationships between different types of animals, a distortion which Professor Behe, a “critical reviewer” of Pandas who wrote a section within the book, affirmed. (1:113-17 (Miller); P-854.9-854.16; 23:35-36 (Behe)). 16 In addition, Dr. Miller refuted Pandas’ claim that evolution cannot account for new genetic information and pointed to more than three dozen peer-reviewed scientific publications showing the origin of new genetic information by evolutionary processes. (1:133-36 (Miller); P-245). In summary, Dr. Miller testified that Pandas misrepresents molecular biology and genetic principles, as well as the current state of scientific knowledge in those areas in order to teach readers that common descent and natural selection are not scientifically sound. (1:139-42 (Miller)).
And how they lie:Although Baksa claims he does not recall Bonsell identifying “creationism” as the subject with which he wanted to share equal time with evolution, nor that Bonsell mentioned “creationism” at any time up until April 1, 2003, we do not find his testimony on this point to be credible. We accordingly find that Bonsell is clearly the unnamed Board member referred to in Peterman’s memo who wanted fifty percent of the topic of evolution to involve the teaching of creationism.
Apart from two consecutive Board retreats, Bonsell raised the issue of creationism on numerous other occasions as well. When he ran for the Board in 2001, Bonsell told Jeff Brown he did not believe in evolution, that he wanted creationism taught side-by-side with evolution in biology class, and that taking prayer and Bible reading out of school was a mistake which he wanted reinstated in the Dover public schools. (8:48-49 (J. Brown)). Subsequently, Bonsell told Jeff Brown he wanted to be on the Board Curriculum Committee because he had concerns about teaching evolution and he wanted to see some changes in that area. (8:55 (J. Brown)). Additionally, Nilsen complained to Jeff Brown that each Board President had a new set of priorities and Bonsell’s priority was that of creationism. (8:53 (J. Brown)). It is notable, and in fact incredible that Bonsell disclaimed any interest in creationism during his testimony, despite the admission by his counsel in Defendants’ opening statement that Bonsell had such an interest. (1:19). Simply put, Bonsell repeatedly failed to testify in a truthful manner about this and other subjects. Finally, Bonsell not only wanted prayer in schools and creationism taught in science class, he also wanted to inject religion into the social studies curriculum, as evidenced by his statement to Baksa that he wanted students to learn more about the Founding Fathers and providing Baksa with a book entitled Myth of Separation by David Barton. 22 (36:14-15, 17 (Baksa), P-179).
...
Finally, although Buckingham, Bonsell, and other defense witnesses denied the reports in the news media and contradicted the great weight of the evidence about what transpired at the June 2004 Board meetings, the record reflects that these witnesses either testified inconsistently, or lied outright under oath on several occasions, and are accordingly not credible on these points.
22 Moreover, in an email to one of the social studies teachers on October 19, 2004, the day after the Board passed the resolution at issue, Baksa said: “all kidding aside, be careful what you ask for. I’ve been given a copy of the Myth of Separation by David Barton to review from Board members. Social Studies curriculum is next year. Feel free to borrow my copy to get an idea where the board is coming from.” (36:14 (Baksa); P-91).
And how, given half a chance, they're burning material and suppressing evidence:In the midst of this panoply, there arose the astonishing story of an evolution mural that was taken from a classroom and destroyed in 2002 by Larry Reeser, the head of buildings and grounds for the DASD. At the June 2004 meeting, Spahr asked Buckingham where he had received a picture of the evolution mural that had been torn down and incinerated. Jen Miller testified that Buckingham responded: “I gleefully watched it burn.” (12:118 (J. Miller)). Buckingham disliked the mural because he thought it advocated the theory of evolution, particularly common ancestry. (26:120 (Baksa)). Burning the evolutionary mural apparently was insufficient for Buckingham, however. Instead, he demanded that the
teachers agree that there would never again be a mural depicting evolution in any of the classrooms and in exchange, Buckingham would agree to support the purchase of the biology textbook in need by the students. (36:56-57 (Baksa) (emphasis added)).
...
As we will discuss in more detail below, the inescapable truth is that both Bonsell and Buckingham lied at their January 3, 2005 depositions about their knowledge of the source of the donation for Pandas, which likely contributed to Plaintiffs’ election not to seek a temporary restraining order at that time based upon a conflicting and incomplete factual record. This mendacity was a clear and deliberate attempt to hide the source of the donations by the Board President and the Chair of the Curriculum Committee to further ensure that Dover students received a creationist alternative to Darwin’s theory of evolution. We are accordingly presented with further compelling evidence that Bonsell and Buckingham sought to conceal the blatantly religious purpose behind the ID Policy.
And an example of the religious campaign against dissent:Board members and teachers opposing the curriculum change and its implementation have been confronted directly. First, Casey Brown testified that following her opposition to the curriculum change on October 18, 2004, Buckingham called her an atheist and Bonsell told her that she would go to hell. (7:94-95; 8:32 ©. Brown)). Second, Angie Yingling was coerced into voting for the curriculum change by Board members accusing her of being an atheist and unChristian. (15:95-97 (Sneath)). In addition, both Bryan Rehm and Fred Callahan have been confronted in similarly hostile ways, as have teachers in the DASD. (4:93-96 (B. Rehm); 8:115-16 (F. Callahan); 14:34-35 (Spahr)).
Finally, how it's all a big lie for, and justified by, their theology.Although Defendants attempt to persuade this Court that each Board member who voted for the biology curriculum change did so for the secular purposed of improving science education and to exercise critical thinking skills, their contentions are simply irreconcilable with the record evidence. Their asserted purposes are a sham, and they are accordingly unavailing, for the reasons that follow.
We initially note that the Supreme Court has instructed that while courts are “normally deferential to a State’s articulation of a secular purpose, it is required that the statement of such purpose be sincere and not a sham.” Edwards, 482 U.S. at 586-87 (citing Wallace, 472 U.S. at 64)(Powell, J., concurring); id. at 75 (O’Connor, J., concurring in judgment). Although as noted Defendants have consistently asserted that the ID Policy was enacted for the secular purposes of improving science education and encouraging students to exercise critical thinking skills, the Board took none of the steps that school officials would take if these stated goals had truly been their objective. The Board consulted no scientific materials. The Board contacted no scientists or scientific organizations. The Board failed to consider the views of the District’s science teachers. The Board relied solely on legal advice from two organizations with demonstrably religious, cultural, and legal missions, the Discovery Institute and the TMLC. Moreover, Defendants’ asserted secular purpose of improving science education is belied by the fact that most if not all of the Board members who voted in favor of the biology curriculum change conceded that they still do not know, nor have they ever known, precisely what ID is. To assert a secular purpose against this backdrop is ludicrous.
Finally, although Defendants have unceasingly attempted in vain to distance themselves from their own actions and statements, which culminated in repetitious, untruthful testimony, such a strategy constitutes additional strong evidence of improper purpose under the first prong of the Lemon test. As exhaustively detailed herein, the thought leaders on the Board made it their considered purpose to inject some form of creationism into the science classrooms, and by the dint of their personalities and persistence they were able to pull the majority of the Board along in their collective wake.
Any asserted secular purposes by the Board are a sham and are merely secondary to a religious objective. McCreary, 125 S. Ct. at 2735; accord, e.g., Santa Fe, 530 U.S. at 308 (“it is . . . the duty of the courts to ‘distinguish a sham secular purpose from a sincere one.’” (citation omitted)); Edwards, 482 U.S. at 586-87 (“While the Court is normally deferential to a State’s articulation of a secular purpose, it is required that the statement of such purpose be sincere and not a sham.”). Defendants’ previously referenced flagrant and insulting falsehoods to the Court provide sufficient and compelling evidence for us to deduce that any allegedly secular purposes that have been offered in support of the ID Policy are equally insincere.
Accordingly, we find that the secular purposes claimed by the Board amount to a pretext for the Board’s real purpose, which was to promote religion in the public school classroom, in violation of the Establishment Clause.
![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
