Could not a claim both be scientific and religious at the same time? 
Conceptually, I don't see any problem with that.  But this raises an 
interesting problem. Suppose a particular scientific theory happens to lend 
support to a religious point of view in strong way, e.g., the Big Bang lends 
supports to first cause arguments.  Suppose that a devout theist on a school 
board realizes this and suggests that an intro to science text book mention the 
Big Bang theory (Imagine, ironically, that its absence is a result of young 
earth creationists getting it removed because it is inconsistent with their 
view of the earth's age, which is, by the way, a view many of them hold.).  
Imagine further that it were discovered later that the inclusion of the Big 
Bang was motivated by religion, even though the purpose of the inclusion is 
secular because it is the better scientific theory and students ought to learn 
the better scientif theory. This tells us two things: (1) motive and purpose 
are conceptually distinct, since the former is a belief held by minds and the 
latter, when it comes to statutes, is a property held by texts; and (2)clearly, 
the better scientific theory could be the more religious one in comparison to 
its rivals, but that seems like a less than good reason to prohibit teaching it 
in public schools.

Frank

On Sunday, August 21, 2005, at 12:43PM, Ed Brayton <[EMAIL PROTECTED]> wrote:

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--
Francis J. Beckwith, MJS, PhD
Associate Professor of Church-State Studies
Associate Director, J. M. Dawson Institute for 
     Church-State Studies, Baylor University
<[EMAIL PROTECTED]>
<http://francisbeckwith.com>
Rick Duncan wrote:
Ed: I guess we just read the case differently. Because the law was not allowed to go into effect, there was no curriculum ever adopted in any school for the Court to make any finding about whatsoever.You have to read quotations in context!

Of course you have to read quotations in context. But you've pointed out nothing in the context which changes the clear meaning that I spoke of. As I said, the fact that they don't even have a specific curriculum to strike down but still said that teaching "creation science" in any form, regardless of any specific curriculum, was unconstitutional, actually strengthens my position. And as Ed Darrell pointed out, the district court's decision was based strongly on McLean v. Arkansas, which ruled that creation science is explicitly religious in nature and not scientific and therefore could not be mandated without an EC problem.
  I guess I'll teach Edwards in my Con Law II class based upon my best reading (which I believe is correct) and Ed can teach it in his Con Law II class based upon his best reading.

If I taught a con law class, I'm sure I would do so. :)


Ed Brayton
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