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SEPTEMBER 2005

More “Intelligent” Challenges to Evolution

By Martha McCarthy, Ph.D.

Historically, several states barred public school instruction that conflicted with the Genesis account of creation, and the Tennessee Supreme Court upheld such a law in the famous Scopes “monkey trial.” But in 1968, the U. S. Supreme Court in Epperson v. Arkansas struck down an anti-evolution statute under the Establishment Clause, reasoning that a state cannot bar scientific information to satisfy religious preferences.

Creationists then focused on passing laws requiring equal emphasis on the Biblical account whenever evolution is taught in public schools. In 1987 the Supreme Court in Edwards v. Aguillard struck down Louisiana’s “equal time” statute, holding that creationism is not science and the law discredited scientific information and advanced religious beliefs. The Fifth Circuit subsequently struck down a school board’s resolution requiring teachers to tell students that evolutionary theory is not intended to dissuade them from Biblical teachings.

Yet, teaching about the origin of humanity remains contentious. The Kansas State Board of Education in 1999 adopted science standards that eliminated mandatory instruction or assessment pertaining to evolution. After a power shift on the state board, the study of evolution was reinstated in the standards in 2000, but an anti-evolution majority regained power in 2005. The Board recently approved changes that authorize criticism of evolution in science classes.

However, a Georgia federal court in 2005 ruled against a school district’s effort to add stickers to its new biology textbooks warning students that since evolution is a theory, not fact, it should be “critically considered.” Noting that evolution was singled out for such critical analysis, the court concluded that the stickers endorsed religion.

Most current disputes focus on teaching intelligent design (ID), which refutes natural selection and contends that development of the universe was guided by an unspecified intelligent agent. Many scientists call ID “creationism in disguise” and argue that it should be confined to comparative religion classes since it is not a scientific theory that makes testable claims.

The Dover, Pennsylvania school district made national news in 2004 by requiring biology teachers to introduce ID as an alternative to evolution. After teachers complained, the school board dropped the requirement and instead instructed administrators to read a statement that evolution is a theory and to refer students to a book explaining ID as an alternative. This has been challenged as advancing religion, and the case is scheduled to be heard this fall.

Currently, anti-evolution measures are being considered in 19 states, and President Bush recently voiced his support for exposing schoolchildren to ID as well as evolution. Substantial attention is focused on Ohio’s state board provision calling for critical analysis of evolutionary theory and allowing exploration of alternatives, because the curriculum guides have an anti-evolution orientation. The Seattle-based Discovery Institute champions “teaching the controversy,” which is more politically acceptable than mandating instruction in ID, although most scientists maintain that there is no scientific controversy. The stakes are high not only for public school students but also for how we view the nature of science.#

Martha McCarthy, Chancellor Professor at Indiana University, specializes in education law and policy and directs the High School Survey of Student Engagement. Recent books include Public School Law: Teachers’ and Students’ Rights (with Cambron-McCabe and Thomas) and Educational Governance and Administration (with Sergiovanni, Kelleher, and Wirt).

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