Well, yes and no.  Ed's examples are all cases where religions make
claims about the natural world:  claims within the domain of science to
investigate and within the domain of government to respond to.  When
religion makes claims that are more exclusively religious -- claims
about the supernatural, about the existence and nature of God, about
God's desires for humans --  then it is true that government cannot say
those claims are false.  I well recognize that the examples between the
dashes are a first approximation and not an adequate definition.


Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
   512-232-1341 (phone)
   512-471-6988 (fax)

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Ed Brayton
Sent: Tuesday, November 22, 2005 3:01 PM
To: Law & Religion issues for Law Academics
Subject: Re: Kansas and Intelligent Design: A Twist

Christopher C. Lund wrote:

> The University of Kansas is planning to teach a course on intelligent 
> design next semester.  But it's not a science class.  It is a 
> religious-studies class, and it's titled, "Special Topics in Religion:
> Intelligent Design, Creationism and other Religious Mythologies."  
> (The chairman of the department, in explaining the class, said this, 
> "Creationism is mythology . . . Intelligent design is mythology.  It's

> not science.  They try to make it sound like science.  It clearly is
> not.")  It's the next step in the intelligent design/evolution fight.
>
> http://news.yahoo.com/s/ap/20051122/ap_on_re_us/intelligent_design_cou
> rse
>
> Does anyone on the listserv see a potential Establishment Clause 
> problem here?  Let me be provocative.  Surely, the University of 
> Kansas cannot teach that intelligent design is false, right?
> Government cannot pass directly on the truth or falsity of religious 
> teaching.


Hey, that works for me. That means that ID is, in fact, a religious
teaching and not a scientific theory and means it cannot be taught in
public school science classrooms. ID advocates can't have it both ways,
claiming that it's not religious idea but a scientific theory when
trying to get around establishment clause problems on one level, then
claiming it is a religious idea and not a scientific theory to claim an
establishment clause violation at another level.

Of course, the entire question is based upon a false premise. Of course
a public university can teach that religious ideas are false. The Noahic
global flood is a religious claim, but any geology course at any public
university in the nation will teach that no such global flood ever took
place. Belief in a flat earth is a religious belief based upon
interpretation of the bible, and so is geocentrism; both of those
religious ideas are debunked in public university classrooms every day,
as well they should be. The germ theory of disease completely negates
the religious views of the Christian Science Church and Mary Baker Eddy;
that doesn't mean that university hospitals are violating the
establishment clause by teaching it.

Ed Brayton
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