Wednesday, December 21, 2005

Professor Strang on PA Intelligent Design decision

Ave Maria Law's own Prof. Lee Strang writes an excellent analysis of the decision in Kitzmiller v. Dover Area School District on National Review Online today. Here's an excerpt:

Even assuming, however, that intelligent design is not scientific but is instead religious, the Constitution — properly interpreted — does not exclude it from public-school classrooms. Unfortunately, the recent Dover case shows just how far the Supreme Court’s establishment-clause case law has strayed and also serves as a cautionary note to others who would include intelligent design in the public-school science classroom.
Since 1947 and Everson v. Board of Education, the Supreme Court has — with a few recent exceptions — sought to purge religion from the public square. In 1968 the Supreme Court ruled that Arkansas’s statute that prevented public schools from teaching evolution was unconstitutional, and in 1987 the Supreme Court struck down Louisiana’s “balanced treatment” statute that required equal time for “creation science.” In both cases the Court found that the religious purpose of the statutes’ proponents was key to their unconstitutionality. Given this precedent, the ruling in Dover is not surprising.


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