Re: Kansas and Intelligent Design: A Twist

2005-11-28 Thread Rick Duncan
Although my sig quote does indeed quote CS Lewis ("When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle), I am not an all or nothing kind of guy when it comes to politics. I think the way topeace in the culture wars is agreeing to disagree.For example, school choiceis the solution to thecurriculum wars in the public schools. A robust Free Exercise Clause and Free Speech Clause also allows each of us to dance to his or her own religious Piper. A live and let live approach to theEC--one that opens the public square to all kinds of celebrations (including religious ones like Christmas)--isalso a necessary part of the peace treaty. If A can avert her eye from a gay pride banner in the public square, then B can avert his eye from a nativity display ina park.ID in the science curriculum is only a!
  problem
 because of thegovernment school monopoly. The same for commencement prayer and sex ed.A secular establishment won't bring peace, but allowing dissenters toexit without penaltywill.Cheers, Rick DuncanSteven Jamar [EMAIL PROTECTED] wrote:  I think Doug has stated this well. But perhaps it understates the challenge presented by evolution -- if science can explain so much, then what is left? It also understates the challenge to the Biblical literalists -- if evolution is correct, then the Biblical story is wrong. If the Biblical story is wrong in any detail, it is all suspect. If it is suspect, then what? This is the line I've heard not only from young-earther creationists, but also from those who accept the geological and astronomical data and
 information and see in the Biblical creation stories another sort of truth or perhaps allegorical truth. To them, evolution challenges even that remaining confidence.I understand the all or nothing viewpoint -- though I reject it. Just read Prof. Rick Duncan's recent sig for this attitude.Steve  On Nov 23, 2005, at 4:34 PM, Douglas Laycock wrote:I agree with Ed Brayton's posts on the limits of science. My take on the line between science and religion in the Intelligent Design debate is this: the defined task of science is to produce the best naturalistic explanation possible. That explanation is random variation and natural selection (ful!
 ly
 elaborated, with multiple mechanisms of selection). That explanation is sufficient to explain the origin of species, and that explanation does not assume purpose or guidance or design. That is as much as science can say.[snip]This clarification, even when understood, comforts some believers but not all. Just as some believers want the support of the state for their faith, some also want the support of science. Even a model that says evolution could have happened without divine guidance is too threatening.--  Prof. Steven D. Jamarvox: 202-806-8017  Howard Univer!
 sity
 School of Law   fax: 202-806-8567  2900 Van Ness Street NW   mailto:[EMAIL PROTECTED]  Washington, DC 20008  http://www.law.howard.edu/faculty/pages/jamar/"If a man empties his purse into his head, no man can take it away from him. An investment in knowledge always pays the best interest."Benjamin Franklin___To post, send message to Religionlaw@lists.ucla.eduTo subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw!
 Please
 note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.  Rick Duncan Welpton Professor of Law University of Nebraska College of Law Lincoln, NE 68583-0902"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered."  --The Prisoner
		 Yahoo! Music Unlimited - Access over 1 million songs. Try it free.___
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RE: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Christopher C. Lund
I think I agree with both Ed and Doug.   But I have a question about the 
content of the category of statements in between Doug's dashes -- claims 
about the supernatural, about the existence and nature of God, about God's 
desires for humans.  Those are the exclusively religious statements, out of 
the domain of science (and therefore out of the government's ability to 
promote or disapprobate).  Of course, this whole fight was started because 
many people thought claims about the origins of human life on this planet 
belonged on that list, but evolution changed that.  (Those people can still 
climb the ladder -claims about the origin of the universe are still, at 
this point, out of science's domain.)


But why are claims about the supernatural outside the domain of science?  
Science's standard commitment to naturalism entails a rejection of the 
supernatural, which is certainly a claim about the supernatural.  And 
science can directly investigate the supernatural.  Take the 
perhaps-sound-but-everyone-has-trouble-believing-them experiments allegedly 
showing prayer has effects on unknowing subjects that are unexplainable by 
naturalistic phenomena.  (I won't go into the experiments here, but you can 
find them in Kent Greenawalt's piece, Establishing Religious Ideas: 
Evolution, Creationism, and Intelligent Design, 17 Notre Dame J.L. Ethics  
Pub. Pol’y 321, 322 (2003), and his book, Does God Belong in the Public 
Schools?)


Science could come back at those experiments and investigate supernatural 
phenomena directly, right?  It could investigate the efficacy of prayer, run 
some double-bind experiments, and conclude something like: Prayer has no 
empirically demonstrable, statistically significant, this-world effects.  
Such findings, like the findings of evolution, could then be taught as true 
by the government.


The realm of the purely religious -- the stuff between Doug's dashes -- 
seems always shrinking.  Surely it won't disappear.  (Even if science runs 
experiments showing prayer has no this-world effects, for example, the 
question of whether it has other-worldly effects would remain.)  But I 
understand why this frightens a lot of people.


Chris


From: Douglas Laycock [EMAIL PROTECTED]
Reply-To: Law  Religion issues for Law Academics 
religionlaw@lists.ucla.edu

To: Law  Religion issues for Law Academics religionlaw@lists.ucla.edu
Subject: RE: Kansas and Intelligent Design: A Twist
Date: Tue, 22 Nov 2005 15:32:14 -0600

I agree.


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 3:20 PM
To: Law  Religion issues for Law Academics
Subject: Re: Kansas and Intelligent Design: A Twist

Douglas Laycock wrote:

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.


That's a reasonable distinction. But ID is clearly in the first camp and
not the second and therefore to teach that it is false would not be an
EC problem.

Ed Brayton
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Re: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Ed Brayton




Christopher C. Lund wrote:
I think I agree with both Ed and Doug. But I have a
question about the content of the category of statements in between
Doug's dashes -- "claims about the supernatural, about the existence
and nature of God, about God's desires for humans." Those are the
exclusively religious statements, out of the domain of science (and
therefore out of the government's ability to promote or disapprobate).
Of course, this whole fight was started because many people thought
"claims about the origins of human life on this planet" belonged on
that list, but evolution changed that. (Those people can still climb
the ladder -"claims about the origin of the universe" are still, at
this point, out of science's domain.)
  
  
But why are "claims about the supernatural" outside the domain of
science? Science's standard commitment to naturalism entails a
rejection of the supernatural, which is certainly a claim about the
supernatural. 

This isn't accurate. Science does not have a commitment to naturalism
in the sense that you imagine here, as a rejection of the supernatural.
There is a very important distinction between methodological naturalism
(MN) and philosophical naturalism (PN). Science requires the first, not
the second. As a matter of methodology, science rules out supernatural
causes and it does so because it must, because supernatural causes
cannot be predicted or controlled and are therefore not testable. But
that doesn't mean it rules out the existence of the supernatural as a
matter of conclusion. The mere fact that so many scientists are theists
is enough to establish that fact. 

And science can directly investigate the supernatural.
Take the perhaps-sound-but-everyone-has-trouble-believing-them
experiments allegedly showing prayer has effects on unknowing subjects
that are unexplainable by naturalistic phenomena. (I won't go into the
experiments here, but you can find them in Kent Greenawalt's piece,
Establishing Religious Ideas: Evolution, Creationism, and Intelligent
Design, 17 Notre Dame J.L. Ethics  Pub. Poly 321, 322 (2003), and
his book, Does God Belong in the Public Schools?)
  
  
Science could come back at those experiments and investigate
supernatural phenomena directly, right? It could investigate the
efficacy of prayer, run some double-bind experiments, and conclude
something like: Prayer has no empirically demonstrable, statistically
significant, this-world effects. Such findings, like the findings of
evolution, could then be taught as true by the government.
  

There is a distinction between investigating claims of
supernatural causation and actually investigating supernatural
causation as well. For instance, if someone makes the claim that they
have an amulet with magic powers that gives them the ability to find
flowing water (typically called "dowsing") underground, that claim can
be tested. But does that actually disprove the power of the amulet? No,
because one can always excuse away the results as being the will of
whatever entity is behind the magic. Perhaps the magic amulet does not
want to be discovered and hides its magic when under investigation. The
supernatural can never be falsified. The most we can ever say is that
the claimed effects do not show up under rigorous testing standards.


The realm of the purely religious -- the stuff between
Doug's dashes -- seems always shrinking. Surely it won't disappear.
(Even if science runs experiments showing prayer has no this-world
effects, for example, the question of whether it has other-worldly
effects would remain.) But I understand why this frightens a lot of
people.
  


That much is certainly true.

Ed Brayton



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RE: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Alan Brownstein



I understand why science frightens (I'm not sure this is the right
word) some religious people too. But the ability of science to
threaten (again, I'm not sure this is the right word either) religion
is surely over-stated. To use Chris Lund's example, science might be
able to test the efficacy of prayer -- when the prayers at issue seek
divine intervention that changes the course of natural events, such as
the progression of a terminal illness. But most prayers express
different messages. They express praise, gratitude, repentance, and
promises. When people pray for help from G-d, it is often for help in
finding the strength or wisdom to deal with their problems. And, of
course, they pray for their souls and the souls of others. I doubt
science can test the efficacy of such prayers because these prayers are
not directed at producing a particular material result.

Alan Brownstein 



-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Christopher C.
Lund
Sent: Wednesday, November 23, 2005 7:06 AM
To: religionlaw@lists.ucla.edu
Subject: RE: Kansas and Intelligent Design: A Twist

I think I agree with both Ed and Doug.   But I have a question about the

content of the category of statements in between Doug's dashes --
claims 
about the supernatural, about the existence and nature of God, about
God's 
desires for humans.  Those are the exclusively religious statements,
out of 
the domain of science (and therefore out of the government's ability to 
promote or disapprobate).  Of course, this whole fight was started
because 
many people thought claims about the origins of human life on this
planet 
belonged on that list, but evolution changed that.  (Those people can
still 
climb the ladder -claims about the origin of the universe are still,
at 
this point, out of science's domain.)

But why are claims about the supernatural outside the domain of
science?  
Science's standard commitment to naturalism entails a rejection of the 
supernatural, which is certainly a claim about the supernatural.  And 
science can directly investigate the supernatural.  Take the 
perhaps-sound-but-everyone-has-trouble-believing-them experiments
allegedly 
showing prayer has effects on unknowing subjects that are unexplainable
by 
naturalistic phenomena.  (I won't go into the experiments here, but you
can 
find them in Kent Greenawalt's piece, Establishing Religious Ideas: 
Evolution, Creationism, and Intelligent Design, 17 Notre Dame J.L.
Ethics  
Pub. Pol'y 321, 322 (2003), and his book, Does God Belong in the Public 
Schools?)

Science could come back at those experiments and investigate
supernatural 
phenomena directly, right?  It could investigate the efficacy of prayer,
run 
some double-bind experiments, and conclude something like: Prayer has no

empirically demonstrable, statistically significant, this-world effects.

Such findings, like the findings of evolution, could then be taught as
true 
by the government.

The realm of the purely religious -- the stuff between Doug's dashes -- 
seems always shrinking.  Surely it won't disappear.  (Even if science
runs 
experiments showing prayer has no this-world effects, for example, the 
question of whether it has other-worldly effects would remain.)  But I 
understand why this frightens a lot of people.

Chris



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Re: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Steven Jamar
We do not ban teaching that illness is caused by spiritual malaise or misalignment with the essence of the universe or any of a huge number of non-germ theories.    That is the more close analogy to ID -- first causes or causes outside the realm of scientific explanation.I recall being taught the "shrunken apple" theory of mountain formation --  before we understood plate techtonics.  Wrong as the shrunken apple theory is, I doubt anyone bothers to ban it -- or any number of obsolete teachings.  They just select/approve books which reflect more current understandings from which to teach.Besides, the problem is not that ID is wrong -- it could even in some version be correct - -there might be a creator god out there -- it is just that it is not science -- and so it is wrong as a scientific explanation of evolution.It is that which can be limited -- not the teaching in general of controversial and even wrong ideas.SteveOn Nov 23, 2005, at 2:43 PM, Christopher C. Lund wrote:I don't want to get into an argument defending ID.  Others do it better.  And I don't find ID persuasive.  But I wonder what will happen to those who do.  Let me ask people on the listserv this next question: Should the government force private religious schools to explicitly deny ID?  (If it is like banning the phlogistonistic view of chemistry or teachings contrary to the germ theory of disease, should we even hesitate?)Chris  -- Prof. Steven D. Jamar                                     vox:  202-806-8017Howard University School of Law                           fax:  202-806-84282900 Van Ness Street NW                            mailto:[EMAIL PROTECTED]Washington, DC  20008           http://www.law.howard.edu/faculty/pages/jamar"I am in Birmingham because injustice is here. . . . Injustice anywhere is a threat to justice everywhere."Martin Luther King, Jr., (1963) ___
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Re: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Ed Brayton

Christopher C. Lund wrote:

I think Ed and I are agreeing, although initially I may have put 
things sloppily.  We agree that science cannot reject supernaturalism 
altogether (how could it disprove that prayer has no other-worldly 
effects?), but it can investigate claims about the supernatural (the 
phrase I used before and the phrase Doug was using), as soon as those 
claims begin to involve the material world.



Just to clarify, and I apologize if I'm misreading or being pedantic, I 
don't think it's enough to say that we can test claims about the 
supernatural as soon as those claims begin to involve the natural world. 
I think it has to be stated more rigorously than that. The supernatural 
claim has to make specific predictions about how the natural world will 
be affected. Science can then test the predicted effect. James Randi 
does this all the time, for example. But a broader claim - say, that God 
answers prayer - is immune to such testing precisely because it involves 
the willful act of a supernatural entity that we can neither control nor 
predict. If someone prays that a loved one would recover from a disease 
and they do, that is viewed as confirmation of the efficacy of prayer; 
if they don't, then that is viewed simply as the will of God that the 
loved one not recover. If you can't make a prediction, you can't truly 
test the idea because any outcome would fail to disconfirm it.


I don't want to get into an argument defending ID.  Others do it 
better.  And I don't find ID persuasive.  But I wonder what will 
happen to those who do.  Let me ask people on the listserv this next 
question: Should the government force private religious schools to 
explicitly deny ID?  (If it is like banning the phlogistonistic view 
of chemistry or teachings contrary to the germ theory of disease, 
should we even hesitate?)



I think it is self-evident that the government should not force private 
religious schools to explicitly deny ID, or any other belief they have. 
Private religious schools should be allowed to teach whatever they want, 
as they are private. However, that doesn't mean, for instance, that 
government-run universities can't set standards of admission that take 
into account what is being taught and whether it adequately prepares a 
student for college level work (as in the current lawsuit against the UC 
system).


Ed Brayton
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RE: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Douglas Laycock



Government has not mandated that religious schools deny 
ID or any form of creationism, but science programs at the state universities 
have no need of that sort of information, and so they deny entrance to kids 
trained in those topics.

 Not quite. They deny entrance to 
kids not trained in real science. If they were saying it is not enough 
that you took a standard biology course, you also have to have not learned 
anything about ID in some other course, this would be a very different 
case.

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



From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Ed 
DarrellSent: Wednesday, November 23, 2005 1:58 PMTo: Law 
 Religion issues for Law AcademicsSubject: Re: Kansas and 
Intelligent Design: A Twist

Let the marketplace of ideas sort it out. If ID has any validity in 
science, it will be in demand -- and if so, the private schools that teach it 
will have graduates in the forefront of that science who will be highly in 
demand. The story of Semmelweiss might remind us that sometimes religious 
ideas can have practical applications, and when they do the practical 
applications will manifest themselves.

Isn't that the issue in the suit against the University of California 
system? 

Those companies and agencies who employ graduates of the biology programs 
of the California state universities (both UC and CS) also have no need of ID, 
which is one of the drivers of the requirement of the schools, I suspect. 
Agricultural giants like ADM and pharmaceutical leaders like Genentech have 
little use for ideas that don't or can't produce marketable products, and they 
hire accordingly from the ranks of university graduates. 

Unless government steps in to shore up ID, ID will fade away if it is not 
workable science. That is true of almost all science applications.

Ed Darrell
Dallas
"Christopher C. Lund" [EMAIL PROTECTED] 
wrote:
I 
  don't want to get into an argument defending ID. Others do it better. And 
  I don't find ID persuasive. But I wonder what will happen to those who do. 
  Let me ask people on the listserv this next question: Should the 
  government force private religious schools to explicitly deny ID? (If it 
  is like banning the phlogistonistic view of chemistry or teachings 
  contrary to the germ theory of disease, should we even 
  hesitate?)Chris
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Kansas and Intelligent Design: A Twist

2005-11-23 Thread Douglas Laycock



I agree with Ed Brayton's posts on the limits of science. My take on 
the line between science and religion in the Intelligent Design debate is 
this: the defined task of science is to produce the best naturalistic 
explanation possible. That explanation is random variation and natural 
selection (fully elaborated, with multiple mechanisms of selection). That 
explanation is sufficient to explain the origin of species, and that explanation 
does not assume purpose or guidance or design. That is as much as science 
can say.The point that most people miss is this: Neither does that 
explanation deny or preclude purpose or guidance or design. It says only 
that purpose, guidance, and design are not part of the naturalistic (scientific) 
explanation. If some people believe that God designed and guided evolution 
and gave it purpose, that's a supernatural (religious) claim that science can 
neither confirm nor deny. Ditto if some people believe that God intervened 
at critical junctures to keep evolution on track, or that the apparently random 
variations in individuals are not random at all but result from God manipulating 
DNA strands. Ditto even for the people who believe that God planted false 
evidence that seems to support evolution in the fossil record (and now in the 
genomes of various species)to test our faith or confuse us or mislead us. 
(There is a New Testament verse said to support this theory.) None of that 
is science, none of it is falsifiable, and science has nothng to say about any 
of it.When folks like Richard Dawkins say that evolution is purposeless, 
he has either left science and started talking about religion -- he believes God 
did not guide evolution and that it has no purpose -- or he is speaking 
carelessly and what he really means is that purpose is not part of the 
scientific model. This sloppy usage, if that is what it is, does real harm 
to the public discourse. Purpose is no part of the scientific 
model, but neither does science negate religious claims of supernatural 
purpose or intervention.This clarification, even when understood, 
comforts some believers but not all. Just as some believers want the 
support of the state for their faith, some also want the support of 
science. Even a model that says evolution could have happened 
without divine guidance is too threatening. Thatreaction follows 
partly from a tendency in some parts of the society to treat science as real and 
religionas not real, or at least doubtful. I understand why 
secularists view science as more real than religion, but why would believers 
view it that way? Especially why would those who claim to be among the 
most intense believers view science as more real than religion? It seems 
to me as an outsider that the demand for scientific confirmation of religion is 
more a sign of weak faith than of strong faith. 
Of course there is originalist precedent in Christian tradition for seeking 
empirical confirmation of faith -- the Apostle Thomas did not believe he was 
talking to the resurrected Jesus until he put his hand in Jesus' side and felt 
the wound. But that story is no precedent for creating a wound that wasn't 
there, or otherwise phonying up the "scientific" confirmation.
Douglas 
LaycockUniversity of Texas Law School727 E. Dean Keeton St.Austin, 
TX 78705 512-232-1341 (phone) 512-471-6988 
(fax)-Original Message-From: Christopher C. Lund [mailto:[EMAIL PROTECTED]]Sent: 
Wednesday, November 23, 2005 3:06 PMTo: Douglas LaycockSubject: RE: 
Kansas and Intelligent Design: A TwistI realized, at some point in this 
colloquy, that I'm carrying around a bit of suspicion of the left and increased 
concern for the right. I can't help but think it's probably related to the 
time I spent at AUFrom: "Douglas Laycock" 
[EMAIL PROTECTED]Reply-To: Law  Religion issues for Law 
Academics religionlaw@lists.ucla.eduTo: "Law  Religion issues 
for Law Academics" religionlaw@lists.ucla.eduSubject: RE: Kansas and 
Intelligent Design: A TwistDate: Wed, 23 Nov 2005 14:40:09 
-0600Government has not mandated that religious schools deny ID or any 
form of creationism, but science programs at the state universities have no need 
of that sort of information, and so they deny entrance to kids trained in those 
topics. Not quite. They deny entrance to 
kids not trained in real science.If they were saying it is not enough that 
you took a standard biology course, you also have to have not learned anything 
about ID in some other course, this would be a very different 
case.Douglas LaycockUniversity of Texas Law School727 E. Dean 
Keeton St.Austin, TX 78705 512-232-1341 
(phone) 512-471-6988 
(fax)From: 
[EMAIL PROTECTED][mailto:[EMAIL PROTECTED]] 
On Behalf Of Ed DarrellSent: Wednesday, November 23, 2005 1:58 PMTo: Law 
 Religion issues for Law AcademicsSubject: Re: Kansas and Intelligent 
Design: A TwistLet the marketplace of ideas sort it out. If ID 
has any validity in 

Re: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Steven Jamar
I think Doug has stated this well.  But perhaps it understates the challenge presented by evolution -- if science can explain so much, then what is left?  It also understates the challenge to the Biblical literalists -- if evolution is correct, then the Biblical story is wrong.  If the Biblical story is wrong in any detail, it is all suspect.  If it is suspect, then what?  This is the line I've heard not only from young-earther creationists, but also from those who accept the geological and astronomical data and information and see in the Biblical creation stories another sort of truth or perhaps allegorical truth.  To them, evolution challenges even that remaining confidence.I understand the all or nothing viewpoint -- though I reject it.  Just read Prof. Rick Duncan's recent sig for this attitude.SteveOn Nov 23, 2005, at 4:34 PM, Douglas Laycock wrote:I agree with Ed Brayton's posts on the limits of science.  My take on the line between science and religion in the Intelligent Design debate is this:  the defined task of science is to produce the best naturalistic explanation possible.  That explanation is random variation and natural selection (fully elaborated, with multiple mechanisms of selection).  That explanation is sufficient to explain the origin of species, and that explanation does not assume purpose or guidance or design.  That is as much as science can say.[snip]This clarification, even when understood, comforts some believers but not all.  Just as some believers want the support of the state for their faith, some also want the support of science.  Even a model that says evolution could have happened without divine guidance is too threatening.  -- Prof. Steven D. Jamar                               vox:  202-806-8017Howard University School of Law                     fax:  202-806-85672900 Van Ness Street NW                   mailto:[EMAIL PROTECTED]Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/"If a man empties his purse into his head, no man can take it away from him.  An investment in knowledge always pays the best interest."Benjamin Franklin ___
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Re: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Ed Brayton




Douglas Laycock wrote:

  
  
  

  I agree with Ed Brayton's posts on the limits of science. My take
on the line between science and religion in the Intelligent Design
debate is this: the defined task of science is to produce the best
naturalistic explanation possible. That explanation is random
variation and natural selection (fully elaborated, with multiple
mechanisms of selection). 
  


I know this is nitpicky, and a tad bit off the subject of this list,
but I would add here that not all mechanisms of evolution are
selective. The question of just how ubiquitous natural selection is as
the dominant means of fixing traits in a population is a matter of some
disagreement among evolutionary biologists, but all would agree that
there are non-adaptive mechanisms, like genetic drift, that are also a
factor. How much of a factor is still a bit up in the air, but it's
clear that not all traits have to be selected for in order to be passed
along. 


  When folks like Richard Dawkins say that evolution is purposeless,
he has either left science and started talking about religion -- he
believes God did not guide evolution and that it has no purpose -- or
he is speaking carelessly and what he really means is that purpose is
not part of the scientific model. This sloppy usage, if that is what
it is, does real harm to the public discourse. Purpose is no part of
the scientific model, but neither does science negate religious
claims of supernatural purpose or intervention.
  


I agree with this, and I have often criticized Dawkins and others. It's
reasonable to say that we don't see any evidence of purpose or
teleology in evolution, that reading intent or purpose into the
evidence is superfluous. But then insisting that there is no guidance
is also superfluous. From the standpoint of biological research, it's
just not a relevant question. The evidence is clear that life has
evolved and that we share a common ancestor with other species. Whether
that was intended or not, we simply can't know because there are too
many contingent factors. Consider this: had the dinosaurs not gone
extinct as the (likely) result of the Chixilub meteor impact 65 million
years ago, human beings would almost certainly not have evolved as
mammals would have continued to be confined to small ecological niches
due to predation. Human existence, then, is likely contingent on that
event. Can we rule out the notion that said meteor was sent
intentionally by God to facilitate the eventual evolution of human
beings? Of course we can't. Science can answer the "how" question; it
can't answer the "why" question. 

Ed Brayton




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RE: Kansas and Intelligent Design: A Twist

2005-11-23 Thread Douglas Laycock



Agreed.

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



From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Ed 
BraytonSent: Wednesday, November 23, 2005 4:59 PMTo: Law 
 Religion issues for Law AcademicsSubject: Re: Kansas and 
Intelligent Design: A Twist
Douglas Laycock wrote: 

  
  I agree with Ed Brayton's posts on the limits of science. My take on 
  the line between science and religion in the Intelligent Design debate is 
  this: the defined task of science is to produce the best naturalistic 
  explanation possible. That explanation is random variation and natural 
  selection (fully elaborated, with multiple mechanisms of selection). 
I know this is nitpicky, and a tad bit off the subject 
of this list, but I would add here that not all mechanisms of evolution are 
selective. The question of just how ubiquitous natural selection is as the 
dominant means of fixing traits in a population is a matter of some disagreement 
among evolutionary biologists, but all would agree that there are non-adaptive 
mechanisms, like genetic drift, that are also a factor. How much of a factor is 
still a bit up in the air, but it's clear that not all traits have to be 
selected for in order to be passed along. 

  When folks like Richard Dawkins say that evolution is purposeless, he has 
  either left science and started talking about religion -- he believes God did 
  not guide evolution and that it has no purpose -- or he is speaking carelessly 
  and what he really means is that purpose is not part of the scientific 
  model. This sloppy usage, if that is what it is, does real harm to the 
  public discourse. Purpose is no part of the scientific model, 
  but neither does science negate religious claims of supernatural 
  purpose or intervention.I agree with this, and I have 
often criticized Dawkins and others. It's reasonable to say that we don't see 
any evidence of purpose or teleology in evolution, that reading intent or 
purpose into the evidence is superfluous. But then insisting that there is no 
guidance is also superfluous. From the standpoint of biological research, it's 
just not a relevant question. The evidence is clear that life has evolved and 
that we share a common ancestor with other species. Whether that was intended or 
not, we simply can't know because there are too many contingent factors. 
Consider this: had the dinosaurs not gone extinct as the (likely) result of the 
Chixilub meteor impact 65 million years ago, human beings would almost certainly 
not have evolved as mammals would have continued to be confined to small 
ecological niches due to predation. Human existence, then, is likely contingent 
on that event. Can we rule out the notion that said meteor was sent 
intentionally by God to facilitate the eventual evolution of human beings? Of 
course we can't. Science can answer the "how" question; it can't answer the 
"why" question. Ed Brayton
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Kansas and Intelligent Design: A Twist

2005-11-22 Thread Christopher C. Lund
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_course

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.  The University's teaching of ID 
as myth seems to suggest that it will teach (or at least imply) that ID is 
false.  (Surely, no one would miss the point if some professor taught a 
class entitled, Special Topics in Religion: Christianity and other 
Religious Mythologies or Wicca: How Could It Be Something Other Than 
Mythology?)  To the extent the class teaches ID is false, it is 
unconstitutional, no?


The conclusion that this class is unconstitutional will surely be embraced 
by those who support intelligent design.  And this the counterintuitive 
point: shouldn't it also be embraced by those who are earnest opponents of 
it?  After all, opponents of ID object to it principally because they see it 
as inherently religious.  It's therefore unconstitutional when taught by the 
government as true.  But doesn't the same principle act to protect ID from 
being taught by the government as false?  (The obvious analogy is perhaps 
prayer - the government should have no power to encourage it, but also 
should have no power to discourage it.)


Chris Lund


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Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread David E. Guinn

A couple of quick observations:

1.  Insofar as ID claims status as science, then it is fair game for any 
critique -- including one that claims it is myth.  It cannot claim 
protection as religion without surrendering its claim to scientific status.


2.  Religious studies programs commonly study religion as myth.  I am not 
sure what establishment objection could arise in this case that differs from 
those.


David


- Original Message - 
From: Christopher C. Lund [EMAIL PROTECTED]

To: religionlaw@lists.ucla.edu
Sent: Tuesday, November 22, 2005 1:56 PM
Subject: Kansas and Intelligent Design: A Twist


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_course

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.  The University's 
teaching of ID as myth seems to suggest that it will teach (or at least 
imply) that ID is false.  (Surely, no one would miss the point if some 
professor taught a class entitled, Special Topics in Religion: 
Christianity and other Religious Mythologies or Wicca: How Could It Be 
Something Other Than Mythology?)  To the extent the class teaches ID is 
false, it is unconstitutional, no?


The conclusion that this class is unconstitutional will surely be embraced 
by those who support intelligent design.  And this the counterintuitive 
point: shouldn't it also be embraced by those who are earnest opponents of 
it?  After all, opponents of ID object to it principally because they see 
it as inherently religious.  It's therefore unconstitutional when taught 
by the government as true.  But doesn't the same principle act to protect 
ID from being taught by the government as false?  (The obvious analogy is 
perhaps prayer - the government should have no power to encourage it, but 
also should have no power to discourage it.)


Chris Lund


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Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Ed Brayton

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_course

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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RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Douglas Laycock
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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RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread marty . lederman
Does anyone know of anything really good that's been written on this very 
distinction that Doug is suggesting, for purposes of Religion Clause law?

Thanks


 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
 ___
 To post, send message to Religionlaw@lists.ucla.edu To subscribe,
 unsubscribe, change options, or get password, see
 http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
 
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 private.  Anyone can subscribe to the list and read messages that are
 posted; people can read the Web archives; and list members can (rightly
 or wrongly) forward the messages to others.
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 can 
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Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Ed Brayton

Douglas Laycock wrote:


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.



That's a reasonable distinction. But ID is clearly in the first camp and 
not the second and therefore to teach that it is false would not be an 
EC problem.


Ed Brayton
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Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Steven Jamar
Well, a course being offered by a faculty member at a university which
teaches just about anything is not going to be treated as governmental
establishment is it?  Surely a university professor could teach that
all religions are bunk without the professor or university running
afoul of the establishment clause.

Steve
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RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Volokh, Eugene
Hmm -- would a course at a public university called Why
Christianity is the True Religion be constitutionally permissible?

 -Original Message-
 From: [EMAIL PROTECTED] 
 [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar
 Sent: Tuesday, November 22, 2005 1:25 PM
 To: Law  Religion issues for Law Academics
 Subject: Re: Kansas and Intelligent Design: A Twist
 
 
 Well, a course being offered by a faculty member at a 
 university which teaches just about anything is not going to 
 be treated as governmental establishment is it?  Surely a 
 university professor could teach that all religions are bunk 
 without the professor or university running afoul of the 
 establishment clause.
 
 Steve
 ___
 To post, send message to Religionlaw@lists.ucla.edu
 To subscribe, unsubscribe, change options, or get password, 
 see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
 
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RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Douglas Laycock
I agree. 


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 3:20 PM
To: Law  Religion issues for Law Academics
Subject: Re: Kansas and Intelligent Design: A Twist

Douglas Laycock wrote:

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.


That's a reasonable distinction. But ID is clearly in the first camp and
not the second and therefore to teach that it is false would not be an
EC problem.

Ed Brayton
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Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread AAsch




But, conversely, are all those course at public universities titled "Greek 
Mythology" (e.g., this 
link) constitutionally impermissible?

Allen

In a message dated 11/22/2005 1:26:17 PM Pacific Standard Time, 
[EMAIL PROTECTED] writes:
Hmm -- 
  would a course at a public university called "WhyChristianity is the True 
  Religion" be constitutionally permissible? -Original 
  Message- From: [EMAIL PROTECTED]  
  [mailto:[EMAIL PROTECTED] On Behalf Of Steven Jamar 
  Sent: Tuesday, November 22, 2005 1:25 PM To: Law  Religion issues 
  for Law Academics Subject: Re: Kansas and Intelligent Design: A 
  Twist   Well, a course being offered by a faculty 
  member at a  university which teaches just about anything is not going 
  to  be treated as governmental establishment is it? Surely a 
   university professor could teach that all religions are bunk  
  without the professor or university running afoul of the  
  establishment clause.  Steve


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RE: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Sanford Levinson
Title: Re: Kansas and Intelligent Design: A Twist






Imagine that a religion 
commits itself to a phlogistonistic view of chemistry. Surely the chemistry 
department can teach that it is false. Would anyone seriously believe that 
the Establishment Clause would prevent that? 

Perhaps ID isn't "false" in the same way 
that phlogiston is, but surely the University of Kansas can teach that there is 
not a scintilla of what is ordinarily called "scientific evidence" for the 
proposition. Or, to take an example that I earlier offered (and which no 
one responded to), the archeology department can surely teach that there is not 
a scintilla of evidence for an Israelite presence in Egypt or the Sinai or for 
the proposition that there was a conflict between the Lamanites and the 
Nephitesduring the pre-Columbian period in North America.

sandy


From: [EMAIL PROTECTED] on 
behalf of Ed BraytonSent: Tue 11/22/2005 3:00 PMTo: Law 
 Religion issues for Law AcademicsSubject: 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_course 
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 religiousteaching and not a scientific theory and means it cannot be 
taught inpublic school science classrooms. ID advocates can't have it both 
ways,claiming that it's not religious idea but a scientific theory 
whentrying to get around establishment clause problems on one level, 
thenclaiming it is a religious idea and not a scientific theory to claim 
anestablishment clause violation at another level.Of course, the 
entire question is based upon a false premise. Of coursea public university 
can teach that religious ideas are false. The Noahicglobal flood is a 
religious claim, but any geology course at any publicuniversity in the 
nation will teach that no such global flood ever tookplace. Belief in a flat 
earth is a religious belief based uponinterpretation of the bible, and so is 
geocentrism; both of thosereligious ideas are debunked in public university 
classrooms every day,as well they should be. The germ theory of disease 
completely negatesthe religious views of the Christian Science Church and 
Mary Baker Eddy;that doesn't mean that university hospitals are violating 
theestablishment clause by teaching it.Ed 
Brayton___To post, send 
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Re: Kansas and Intelligent Design: A Twist

2005-11-22 Thread Bortd
I don't want to interrupt the debate, which I am enjoying.  I just want to observe that Christian Scientists are not in the least offended by the teaching of the germ theory of disease, even if they may not take the class.  They would prefer to have someone preface a statement that the germ theory "completely negates" their religious views with a qualifier, like "in my opinion," or some such. Christian Scientists aren't saying that, within the framework and context of material observations, the physical scientists are not seeing what they are seeing.  The conflict is not at that level; it is rather in different views of reality.  That is, Christian Scientists aren't saying the physical reality is different (like a flat earth), they're saying that reality isn't physical at all, it is entirely spiritual.  And when this is seen (and such seeing is not limited to Christian Scientists), the perception and experience of the physical changes.  Sorry for the digression.

-- Daniel Bort
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