Posts Tagged ‘Kitzmiller v. Dover’

On Christian law schools

January 23, 2013

A planned Canadian law school at Trinity Western University has come under fire for a curious understatement of the Bible’s views on homosexuality. In what I understand to be a potential violation of Canadian human rights law, Trinity Western proposes to maintain, at Canada’s very first Christian law school, a behavior code that forbids students from, among other things, “sexual intimacy that violates the sacredness of between a man and a woman.

It shouldn’t be surprising that America already has a few Christian-themed law schools, the most famous of which probably is Regent University. This rigorous 3-year program, founded to spread “Christian leadership” throughout America, has historically woefully underperformed on bar passage and stunningly merely broke even with the Virginia state average last year. Some lures of attending Regent include a robust alumni network of Grand Inquisitors for the Grand Ole Party.

And Regent is actually one of the best¬†Christian law schools around. California’s best Christian law school achieved a bar passage rate of 38.8% over the last five years, and all of the unaccredited Christian schools mentioned in that study have bar passage rates ranging from 0% to the 38.8% figure. The Christian law schools that aren’t busy cooking the books¬†instead just come right out and charge you first-tier rates for last-tier lifetime income returns and last-tier job placement – lucky for all the gay students who can’t go to Liberty University.

I think that the main goal of law schools, which is to teach its students the law in a way that makes them fit to represent and advise other people, is fundamentally at odds with Christianity for a number of reasons. One of them is that Christianity has never had a good relationship with education in America. From Scopes to Dover, Christians have opposed honest, accurate science education where it contradicts their scriptures. Likewise with history, especially where it concerns the principles of religious liberty and secular democracy.

I can’t imagine how the law could be any different, especially since Christianity’s aggression upon American education is so entwined with the spectacular legal battles that it has been losing almost since the beginning. How could a Christian Constitutional law professor accurately describe the last fifty years of 1st Amendment jurisprudence without completely dispiriting any aspiring young Christian lawyer who envisions the Christian America promised him by Liberty University or Ave Maria? How is a Christian law school student supposed to get a good understanding of the theories of punishment when they’ve been told all their lives that all wrong-doing is pre-forgiven, that right and wrong don’t matter if you apologize to the right judge?

The fact is that the main problem is that religious was our first attempt at law as much as it was our first attempt at philosophy, and the law has moved on. Society has decided that it is no longer in our best interest to forbid homosexuals from full participation in the economy. Society has decided that apology does not waive crimes. We’ve taken the power of sanctuary from the Church and given it to embassies. We no longer rally nations by papal bull, we do it by international covenant. Churches can no longer freely invalidate marriages or contracts. We don’t permit the Levitical sale of slaves. We now treat the very things God ordered the Israelites to do as war crimes.

A Christian law school is an Apothecary Medical School, it is an Astrological Astronomy School, it is a British government degree granted by druids. Christianity is not just a freewheeling worldview that can be easily imposed upon any body of knowledge – Christianity and its Jewish predecessor texts are themselves a legal theory. Christianity is a theory of justice which says that a third party can forgive disputes between two others on his own behalf. Christianity is a legal theory which says that the law was frozen in place towards the end of the 1st century AD and that anything further is a falling-away. Christianity is a legal theory which says that there are no sovereigns on Earth, only ethereal ones.

I don’t mean to say that I think that Christian law schools teach Old Testament law. What I think is that Christian law schools stem from an intellectual milieu which holds that everything different about American law (or Canadian law) and Biblical law is an aberration. This is the problem. This is why you will never get good results from such a university.

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Creationism is dead. Long live creationism!

September 4, 2012

Bill Nye the Science Guy has somehow made headlines this week just by articulating the scientific consensus on the laughable hypothesis that the 6,000-year old Earth and all of the life on it was created in its present form by an invisible wizard in the sky. The tragicomic retorts coming from the creationist crowd, specifically the dunce-hatted Ken Ham, are not just scientifically inaccurate, they’re also contrary to the relentless barrage of legal precedent dealing with the teaching of nonsense in public schools. Here I will provide a primer on just why it is that creationism has lost virtually every legal battle it has ever fought. This primer will be brief, because the case against creationism is, at this point in the case law with the kinds of precedents that have been put in place over the last couple of decades, practically open and shut.

The National Center for Science Education, a think-tank and advocacy group dedicated to protecting standards of excellence in American science classrooms, has a helpful list of ten of the biggest cases in the field. The actual cases are fairly repetitive: laws against teaching evolution, laws targeting evolution for exaggerated criticism, and laws promoting the teaching of creationism share in a broad family of legal flaws. But the most interesting of the cases is the most recent on the list, the famous Kitzmiller v. Dover case, since it provides both a powerful summary of all of the past precedent against creationism, and most clearly articulates into precedent the relatively recent stricture that, legally speaking, creationism is not science.

This point may seem obvious to anyone with even a pedestrian understanding of science, but as a matter of law, it’s an essential part of the following chain of argumentation:

  1. A law must have a secular purpose, must not needlessly advance one religion or religious perspective over another, and it must not excessively entangle the government with religion. (The “Lemon Test,” a controversial but time-tested First Amendment rubric for matters of religion.)
  2. If a law targeting science education has no merits whatsoever for the advancement of science education, it has no secular purpose. (This was the Dover court’s contribution to precedent.)
  3. If a law targeting science education promotes a single interpretation of Christian theology to the exclusion of all other perspectives for no scientific reason, it needlessly advances one religion over another.
  4. If a law requires the government to define creationism and then install monitoring controls to make sure that teachers are teaching the “correct” kind of creationism, then the state is entangled deeply with religion since it must define and then enforce a “correct” interpretation of creationism.

All of this falls apart if creationism is found to be legally scientific. Assuming for argument’s sake that creationism is treated as good science, a law promoting its teaching would have the secular purpose of making science lessons just more scientific by including one more scientific factoid, namely creationism. The advancement of Christian creationism over all other religious hypotheses wouldn’t be needless, because the Christian version would be the only one to date found to be scientific. And the monitoring controls installed to enforce the teaching of creationism wouldn’t be “excessively” entangling because they would be of the same sort we have to use in any science standards, were creationism added to the canon of standard science.

That is why, in my estimation, the linchpin of the legal case against creationism is that creationism is unscientific. None of its religious implications are as Constitutionally troubling if it turns out that creationism is scientifically valid because teaching scientifically valid things in science class, regardless of their peripheral implications, is the core function of science classes.

But thanks to the Dover precedent, the nail is in the coffin: creationism has been beaten back in its every assault on standards for science education. So why does it persist? The reasons are almost certainly cynical politics: evangelical voters eat that stuff right up, and the voter gets what the voter wants. To that end, I’d like to advertise the following warning to every single school board in America considering revising its science standards down to the lowest common denominator:

Dear school board member, state senator, or school administrator planning to sneak creationism into a science classroom,

It has come to my attention that you are about to blunder your way into another major legal defeat for your medieval worldview. As a gesture of good faith, I would like to tell you what will happen if your bill gets passed:

  1. Your school system will become an international laughingstock overnight.
  2. You will get sued.
  3. You will flush away six figures fighting a legal battle, even if the insincere buffoons defending you promise to do it on a volunteer basis.
  4. You will lose.

I urge you to keep all these points in mind. I urge you to introspect deeply on how much you value your job, the jobs of the teachers you employ, and the academic and employment futures of the students who will be victims of your cruel imposition of nonsense.

Your pal,
skepticatlaw