Eorl wrote:Quote:(e) Include intellectual diversity concerns in the institution's guidelines on teaching and program development and such concerns shall include but not be limited to the protection of religious freedom including the viewpoint that the Bible is inerrant.
This is the interesting clause, one I suspect may be all that's needed to destroy this stupid bill.
Yes indeedy . . . in the majority opinion in
Epperson versus Arkansas, 1968, written by Mr. Justice Fortas, the court held:
The law's effort was confined to an attempt to blot out a particular theory because of its supposed conflict with the Biblical account, literally read. Plainly, the law is contrary to the mandate of the First . . . Amendment to the Constitution.
Of greater significance is the 1987 decision in
Edwards versus Aguillard, which dealt with a Louisiana law requiring creationism to be taught whenever evolution is taught. Writing for the majority (7-2), Mr. Justice Brennan:
The preeminent purpose of the Louisiana Legislature was clearly to advance the religious viewpoint that a supernatural being created humankind...The Louisiana Creationism Act advances a religious doctrine by requiring either the banishment of the theory of evolution from public school classrooms or the presentation of a religious viewpoint that rejects evolution in its entirety.
This fails the "Lemon Test," which was formulated by Chief Justice Warren Berger in the 1971
Lemon versus Kurtzman case, which struck down Rhode Island and Pennsylvania laws which supplemented the salaries of teachers teaching secular subjects in schools supported by organized religions. Mr. Justice Berger formulated the basis upon which a law can be seen as
not violating the establishment clause:
First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster "an excessive government entanglement with religion."
The portion of the bill's language to which you have pointed clearly violates the Lemon test.
I know you live upside down in a remote and savage portion of the planet, so in case you are unfamiliar, the establishment clause refers to the first portion of the first amendment to the United States Constitution, highlighted below:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The religious nut jobs always whine that such decisions impair their "free exercise" of religion, but, of course, this is false, since they can get up any lunacy they desire in the privacy of their homes or in their churches.