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Author Topic:   Missouri's ID and Anti-Science Bill
Genomicus
Member (Idle past 1971 days)
Posts: 852
Joined: 02-15-2012


(1)
Message 13 of 45 (690462)
02-13-2013 11:15 AM


I don't think this bill is unconstitutional precisely because it is not introducing religion into the classroom. Let's take a look at how they define "biological intelligent design":
"Biological intelligent design", a hypothesis that the complex form and function observed in biological structures are the result of intelligence and, by inference, that the origin of biological life and the diversity of all original species on earth are the result of intelligence. Since the inception of each original species, genetic material has been lost, inherited, exchanged, mutated, and recombined to result in limited variation. Naturalistic mechanisms do not provide a means for making life from simple molecules or making sufficient new genetic material to cause ascent from microscopic organisms to large life forms. The hypothesis does not address the time or sequence of life's appearance on earth, time or formation of the fossil record, and time or method of species extinction. The hypothesis does not require the identity of intelligence responsible for earth's biology but requires any proposed identity of that intelligence to be verifiable by present-day observation or experimentation.
Clearly, the bill is not identifying the designer(s), and so one cannot really say that the bill will introduce religion into the science class.
My objection to the bill is not on the grounds that it is unconstitutional. The problems with the bill, as I see it, are as follows:
1) Intelligent design has not been established as a rigorous biological hypothesis. Evolutionary theory, on the other hand, is well established by current observations. There is no particular reason why we should devote "equal time" to an idea in its infancy and a well-validated scientific theory. Until intelligent design as a scientific hypothesis has been developed to a high degree, and only then, should we consider introducing it into the science curriculum of public education.
2) As has been pointed out, they make several redefinition of terms (e.g., redefining hypothesis and theory). Pointless and nonsensical.
3) The bill makes quite a number of spurious arguments (e.g., they argue that there is a lack of transitional fossils). The bill proposes that species were designed directly by an intelligence. This clearly flies in the face of current scientific evidence.
Incidentally, yesterday (Feb. 12) was Charles Darwin's birthday. Unfortunately, no one made a thread about this, but anyways, a belated happy birthday to Charles Darwin, who forever changed our understanding of the world we live in.
Edited by Genomicus, : No reason given.

Replies to this message:
 Message 14 by Taq, posted 02-13-2013 1:02 PM Genomicus has replied
 Message 15 by NoNukes, posted 02-13-2013 2:24 PM Genomicus has replied

  
Genomicus
Member (Idle past 1971 days)
Posts: 852
Joined: 02-15-2012


Message 16 of 45 (690505)
02-13-2013 7:29 PM
Reply to: Message 14 by Taq
02-13-2013 1:02 PM


Clearly, the bill is not identifying the designer(s), and so one cannot really say that the bill will introduce religion into the science class.
But we all know who they mean by "designer".
The proposed bill does not specify the designer. One can guess who the authors of the bill think is the designer, but no, we don't know who they mean by "designer." Furthermore, even if the authors of the bill personally think the designer is a deity, this would not affect the constitutionality of the proposed bill.
There is no secular purpose for including ID in the science curricula, only a religious one. This bill clearly fails the Lemon test for lacking a secular purpose and unnecessarily entangling government in religious issues...
The bill is not religious in nature, if we read it at face value. Does the bill "clearly fail" the Lemon test? I think not. One could argue - incorrectly, of course - that the bill's secular purpose is in advancing science education. Of course, this argument could be refuted, but there's nothing unconstitutional about a bill that uses weak arguments to support its purpose. After all, a lot of bills propose poor ideas in terms of a secular purpose, but they're not unconstitutional.
Edited by Genomicus, : No reason given.

This message is a reply to:
 Message 14 by Taq, posted 02-13-2013 1:02 PM Taq has replied

Replies to this message:
 Message 20 by NoNukes, posted 02-13-2013 10:45 PM Genomicus has not replied
 Message 26 by Taq, posted 02-14-2013 7:27 PM Genomicus has not replied

  
Genomicus
Member (Idle past 1971 days)
Posts: 852
Joined: 02-15-2012


Message 17 of 45 (690506)
02-13-2013 7:39 PM
Reply to: Message 15 by NoNukes
02-13-2013 2:24 PM


Re: Not constitutional
Let's accept for the purpose of this discussion that 'biological intelligent design' does not introduce any deities or religion. There are still some problems with the bill. For example, where do those bogus definitions of science come from? Isn't it simply one group's religious views that empirical science is actually faith-based?
The bill's definitions of, e.g., "theory" and "hypothesis," do not introduce religion. It's a skewed view of how science works, but it is not, in itself, religious in nature, and this is all that matters when discussing the constitutionality of the bill.
Really? No inferences allowed in making scientific measurements? So can it be taught that the sun produces heat by solar fusion given that nobody has ever seen hydrogen atoms fuse into helium in the sun? Is there a way to determine the temperature of the sun's surface or the likely composition of Mercury's chore without making any infereneces? Do you believe that there is a non-secular purpose for this nonsense requirement?
As I said, the bill has many problems. However, being unconstitutional in nature is not one of them IMHO. The problem you reference above, for example, still does not introduce religion.
I would argue that the this requirement is intended solely to prevent evidence of evolution and cosmology to be presented, and that it serves no legitimate secular purpose.
But the authors might argue that its secular purpose is in advancing science education. This argument is thoroughly unsound, of course, because that bill would significantly impair science education, but having a poor secular purpose is not unconstitutional.
Science denies the operation of God? Really? Is this a non-secular view point?
It is not necessarily a religious viewpoint. One can be an uninformed agnostic or atheist and think that science denies the operation of God. That clause, then, is not unconstitutional.

This message is a reply to:
 Message 15 by NoNukes, posted 02-13-2013 2:24 PM NoNukes has replied

Replies to this message:
 Message 18 by NoNukes, posted 02-13-2013 10:33 PM Genomicus has replied
 Message 19 by Dr Adequate, posted 02-13-2013 10:42 PM Genomicus has replied

  
Genomicus
Member (Idle past 1971 days)
Posts: 852
Joined: 02-15-2012


Message 27 of 45 (690905)
02-17-2013 5:44 PM
Reply to: Message 18 by NoNukes
02-13-2013 10:33 PM


Re: Not constitutional
The bill's definitions of, e.g., "theory" and "hypothesis," do not introduce religion. It's a skewed view of how science works, but it is not, in itself, religious in nature, and this is all that matters when discussing the constitutionality of the bill.
Not just a skewed view. An unambiguously erroneous view that happens to match religious dogma. The errors serve no legitimate secular purpose. Surely you are not suggesting that the errors are inadvertent.
Yes, the definitions might happen to match the views of a particular religious group, but there's nothing in those specific definitions that would introduce religion into the classroom IMHO.
But the authors might argue that its secular purpose is in advancing science education. This argument is thoroughly unsound...
That's right. The argument is unsound. The bill does not have a secular purpose. Of course the authors are going to make the argument. But the argument is a loser.
True, the bill serves no beneficial secular purpose. But the bill's authors could argue that it does, in which case the bill doesn't violate the Constitution. Here's why: it's not unconstitutional for a bill to serve a poor secular purpose. A lot of bills are proposed that would serve poor secular purposes, but they're not religious in nature.
How do you justify the requirement that the teacher 'not otherwise influence student belief in a nonverifiable identity'. Tell me the secular purpose of that.
Well, one could argue that this allows the students in the classroom to think for themselves. Now, again, this argument is unsound, but serving an unsound secular purpose doesn't make something religious.

This message is a reply to:
 Message 18 by NoNukes, posted 02-13-2013 10:33 PM NoNukes has replied

Replies to this message:
 Message 32 by NoNukes, posted 02-18-2013 11:50 AM Genomicus has not replied

  
Genomicus
Member (Idle past 1971 days)
Posts: 852
Joined: 02-15-2012


Message 28 of 45 (690906)
02-17-2013 5:47 PM
Reply to: Message 19 by Dr Adequate
02-13-2013 10:42 PM


Re: Not constitutional
But see Edwards v.Aguillard:
While the Court is normally deferential to a State's articulation of a secular purpose, it is required that the statement of such purpose be sincere, and not a sham. See Wallace v. Jaffree, 472 U.S. at 64 (POWELL, J., concurring); id. at 75 (O'CONNOR, J., concurring in judgment); Stone v. Graham, supra, at 41; Abington School Dist. v. Schempp, 374 U.S. at 223-224.
The fact that creationists can lie about their motives, which they will, doesn't mean that the court has to take their lies at face value, which it won't if their previous failures are anything to go by.
Fair point, and here you've probably made the most compelling case for why this bill is unconstitutional in nature. Still, how do we know that this bill's secular purpose is really just a sham? After all, the author's probably sincerely believe that this bill will improve science education in their state.

This message is a reply to:
 Message 19 by Dr Adequate, posted 02-13-2013 10:42 PM Dr Adequate has replied

Replies to this message:
 Message 29 by Coyote, posted 02-17-2013 6:41 PM Genomicus has not replied
 Message 31 by Dr Adequate, posted 02-18-2013 7:13 AM Genomicus has not replied
 Message 33 by NoNukes, posted 02-18-2013 11:57 AM Genomicus has not replied
 Message 34 by Taq, posted 02-19-2013 5:26 PM Genomicus has not replied

  
Genomicus
Member (Idle past 1971 days)
Posts: 852
Joined: 02-15-2012


(2)
Message 35 of 45 (692315)
03-01-2013 7:28 PM


This is one of those situations where my arguments have been fairly effectively taken apart. I think Dr Adequate's message 17 offered the most compelling argument as to why this bill is not constitutional, and I am unable to come up with an effective response.
Now that the unconstitutional nature of this bill has been demonstrated, let me ask this: the motivation of the authors aside (since their motivations clearly cannot be changed), what in the bill would have to be changed to make it constitutional?

Replies to this message:
 Message 36 by Dr Adequate, posted 03-01-2013 9:12 PM Genomicus has not replied
 Message 37 by Omnivorous, posted 03-01-2013 9:27 PM Genomicus has not replied
 Message 41 by NoNukes, posted 03-02-2013 12:21 AM Genomicus has not replied
 Message 43 by NoNukes, posted 03-06-2013 12:19 PM Genomicus has not replied

  
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