I think your restatement is exactly right.  Thanks

Steve Sanders wrote:

Paul,

I wouldn't blame religious activists for the state of the law in the creche cases. It's the Supreme Court that created the Santa-and-his-reindeer loophole. Surely the preference of activists would be to simply place religious icons on public property without added secular clutter. But given the law, some will do what they must. I guess that's the point you're making.

Where the creche situation has been top-down, promoting intelligent design as a legal alternative to evolution, while obviouly a response to the Court's cases, seems to have been more of a bottom-up innovation by legal and political strategists, no? I suspect that you overestimate the interest these strategists have in theological subtlety and logical rigor. Thus, perhaps I would rephrase your question as: are sincere religious believers well-served by those who subscribe to a "by any means necessary" approach to the legal and political project of officializing Christianity?

Steve Sanders

Quoting Paul Finkelman <[EMAIL PROTECTED]>:

Perhaps it is a holiday gift for those who celebrate the anniversary of the birth of the son of the intelligent designer but don't think that the intelligent design plan was really a science project?

Which leads me to the quesiton, isn't the whole concept of "intelligent design" ultimately blasphemous, and shouldn't people who are biblical literalists be more offended by "intelligent design" than evolution? After all, evolution simply says ignore (or believe in) scripture as you choose, but here is the "science." But, advocates of "intelligent design" argue for a religious basis for change and the development of the earth that is clearly at odds with scripture.

Is the push for "intelligent design" sort of like the outcome in Lynch v,. Donnelly -- that in order to get religion on the public square you have to mock it by cluttering the nativity scene with clowns candy canes and Santa Claus? Thus, in oder to get religion into the science class you hae to reject the scriptural account of creation and offer some sort of faux theory of religion that is neither religious nor scientific.

Paul Finkelman

Ed Brayton wrote:

If you can't get the decision from the court's website, it is available at:

http://www.stcynic.com/kitzmiller_342.pdf

It's a big, big win for the plaintiffs. A very broad ruling, exactly what the plaintiffs wanted.

Ed Brayton
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Paul Finkelman
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University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma  74104-2499

918-631-3706 (office)
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_________________________________

Steve Sanders
E-mail:  [EMAIL PROTECTED]


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--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

[EMAIL PROTECTED]



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