Re: Text of Chaplain Klingenschmitt's speech outside the White House

2005-12-22 Thread Paul Diamond



Every blessing in your courageous fight from the UK. We have similar 
problems in the UK; 
The Times Lawyer of the Week http://www.timesonline.co.uk/article/0,,200-1904318,00.html 
. Paul

  - Original Message - 
  From: 
  Gordon 
  James Klingenschmitt 
  To: UCLA Law Class 
  Sent: Wednesday, December 21, 2005 8:33 
  PM
  Subject: Text of Chaplain 
  Klingenschmitt's speech outside the White House
  
  
  The text of my speech outside the White House yesterday is pasted 
  below...see also today's front-page story in the Washington Times:
  http://www.washtimes.com/national/20051221-121224-6972r.htm
  
  God Bless,
  Chaplain K.
  
  --
  
  
  CHAPLAIN KLINGENSCHMITT ANNOUNCES HUNGER STRIKE IN FRONT OF THE 
  WHITE HOUSE, 20 Dec 2005.
  
  Text of Chaplain's speech delivered on national TV: 
  
  
  "During these holidays people practice many diverse faiths, but 
  it seems the war against Christmas has taken a turn for the worse, and now 
  it's become a war against the name of Jesus himself. 
  
  I am a Navy Chaplain that may soon be kicked out of the Navy 
  because I pray publicly in Jesus name. 
  
  Admirals from the Pentagon, claiming to speak for the President 
  of the United States, have already stripped me of my uniform and forbid me to 
  pray in Jesus name in public unless I'm wearing civilian 
  clothes.
  
  The Chief of Navy Chaplains told me in writing that if I pray 
  publicly "in Jesus name" that I'm denigrating other faiths. That same week he 
  told the Washington Post "we never tell chaplains how to pray" because we 
  don't want to violate their First Amendment rights. His public statements and 
  private statements contradict.
  
  The Naval Chaplain School teaches mandatory lectures to all 
  junior chaplains, prohibiting Muslim chaplains from praying publicly to Allah, 
  Jewish chaplains can't pray in Hebrew to Adonai, Roman Catho! lic chaplains 
  aren't allowed to pray "in the name of the Father, Son and Holy Spirit" and 
  evangelicals can't pray "in Jesus name." Everybody is taught to pray only to 
  God and say "Amen." Senior chaplain evaluators with clipboards criticize our 
  prayers.
  
  Onboard my ship, I asked my Commanding officer's permission to 
  take turns and "share the evening prayer" with many diverse faiths, allowing 
  my Muslim Sailor to pray to Allah, my Jewish Sailor to pray in Hebrew to 
  Adonai, my Roman Catholic Sailor to pray "in the name of the Father, Son, and 
  Holy Spirit" and I'd just pray "in Jesus name" every fourth night. He said "No 
  Chaps, I don't like that. You keep saying the prayer, but you pray Jewish 
  prayers from now on." I obeyed him and prayed only from the Psalms for 8 
  months.
  
  But the Director of the Naval Chaplain school told my Commanding 
  Officer I was an "immature chaplain" because I claime! d a right to pray "in 
  Jesus name," so my CO wrote to a Navy board to end my career saying "Chaplain 
  Klingenschmitt over-emphasized his own faith system" (i.e. in his sermons and 
  prayers).
  
  Now unless a Navy judge intervenes, my active duty career will be 
  terminated next month, my family will be evicted from military housing, I'll 
  have NO retirement after 14 years of award-winning fitness reports, because I 
  pray "in Jesus name."
  
  General George Washington prayed "in Jesus name." And since the 
  American Revolution chaplains have been allowed to pray according to their 
  civilian bishop's faith, not the government's faith. Since 1860, US Code Title 
  10 Section 6031 has mandated, "An officer in the Chaplain Corps may conduct 
  public worship according to the manner and forms of the church of which he is 
  a member."
  
  But only in 1998 did the Navy establish a brand-new policy 
  telling us if we must pray "in Jesus name" then we "ought to exclude ourselves 
  from participation as the prayer-giver."
  
  65 Navy Chaplains have been involved in a class-action lawsuit 
  since 1999 because of things like this, but Navy IG found "nothing wrong" so 
  Navy JAG spends millions of taxpayer dollars defending religious 
  discrimination.
  
  As a Lieutenant in the U.S. Navy, I'm directly appealing to my 
  Commander-in-Chief, President George W. Bush, to sign an executive order 
  enforcing the law that's been on the books since 1860. Now 160,000 Americans 
  and 74 Congressmen have asked the President to sign an Executive order, not to 
  establish new law, but just to enforce the law on the books since 1860, but 
  the President has yet to lift his pen.
  
  I find it ironic that Franklin Graham was allowed to pray "in 
  Jesus name" at the President's first inaugural, but now Admirals in the 
  Pentagon who claim to represent the President are trying to take away my 
  uniform for praying "in Jesus name." Even Senator Clinton
  supports me, and has written a letter of concern on my behalf. 
  
  
  Recently the Air Force adopted similar 

Dover Case Questions

2005-12-22 Thread Perry Dane


Steve Jamar writes:
Maybe they teach science
differently now than when I went to school 
and when my boys (now ages 19 and 22) went to school, but science
was 
inherently taught as conditional and subject to testing and
change. 
There are things that are known facts, but there is a lot that is

still unexplained -- the true nature of light, for example, and why

gravity is such a weak force compared to the others, and a whole
host 
of things in biology and geology.
[snip]
If the point is to teach the
limits of our understanding, that can be 
and in my experience was and is taught. There are lots of
questions 
still to which the answer is we don't
know.
There is
an important difference between fallibility, contingency, and modesty
_within_ scientific inquiry and modesty _about_ the scientific
enterprise itself. All good scientists accept the
former. Many, but far from all, accept the latter. 
Some
scientists and philosophers -- folks like Richard Dawkins and Daniel
Dennett most vocally lately -- argue that the conclusions of science,
such as evolution, shred any possible basis for belief in
God. Would it be constitutional for this sort of
Dawkins/Dennett claim to be one of the propositions officially taught as
a part of a science curriculum? I assume not. Would it be
constitutional to tell students that there are no truths that are
unamentable, in principle, to scientific study and verification? I
assume not. (I'm not saying that these sorts of thing couldn't be
discussed in public school classrooms.) All that some of us
are arguing, then, is that it would be constitutional simply to advise
students that the methodological naturalism built into scientific inquiry
(and which properly excludes the teaching of intelligent design
theory as a subject _within_ science) should not be taken for an
official commitment to the ontological naturalism of folks like Dawkins
and Dennett. 



Perry

***
Perry Dane



Professor of Law
Rutgers University 
School of Law --
Camden

217 North Fifth Street
Camden, NJ 08102



[EMAIL PROTECTED]

www.camlaw.rutgers.edu/bio/925/
Work: (856) 225-6004
Fax: (856) 969-7924
Home: (610) 896-5702
***



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Dover Case Questions

2005-12-22 Thread Perry Dane

Steve Jamar writes:


Maybe they teach science differently now than when I went to school
and when my boys (now ages 19 and 22) went to school, but science was
inherently taught as conditional and subject to testing and change.
There are things that are known facts, but there is a lot that is
still unexplained -- the true nature of light, for example, and why
gravity is such a weak force compared to the others, and a whole host
of things in biology and geology.


[snip]


If the point is to teach the limits of our understanding, that can be
and in my experience was and is taught.  There are lots of questions
still to which the answer is we don't know.



There is an important difference between fallibility, 
contingency, and modesty _within_ scientific inquiry and  modesty 
_about_ the scientific enterprise itself.   All good scientists 
accept the former.  Many, but far from all, accept the latter.


Some scientists and philosophers -- folks like Richard 
Dawkins and Daniel Dennett most vocally lately -- argue that the 
conclusions of science, such as evolution, shred any possible basis 
for belief in God.   Would it be constitutional for this sort of 
Dawkins/Dennett claim to be one of the propositions officially taught 
as a part of a science curriculum?  I assume not.  Would it be 
constitutional to tell students that there are no truths that are 
unamentable, in principle, to scientific study and verification?  I 
assume not.  (I'm not saying that these sorts of thing couldn't be 
discussed in public school classrooms.)   All that some of us are 
arguing, then, is that it would be constitutional simply to advise 
students that the methodological naturalism built into scientific 
inquiry (and which properly excludes the teaching of intelligent 
design theory as a subject _within_ science) should not be taken for 
an official commitment to the ontological naturalism of folks like 
Dawkins and Dennett.


Perry


***
Perry Dane
Professor of Law

Rutgers University
School of Law  -- Camden
217 North Fifth Street
Camden, NJ 08102

[EMAIL PROTECTED]
www.camlaw.rutgers.edu/bio/925/

Work:   (856) 225-6004
Fax:   (856) 969-7924
Home:   (610) 896-5702
***


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Re: Dover Case Questions

2005-12-22 Thread Steven Jamar
On Dec 22, 2005, at 9:05 AM, Perry Dane wrote: Some scientists and philosophers -- folks like Richard Dawkins and Daniel Dennett most vocally lately -- argue that the conclusions of science, such as evolution, shred any possible basis for belief in God.   Would it be constitutional for this sort of Dawkins/Dennett claim to be one of the propositions officially taught as a part of a science curriculum?  I assume not.  Would it be constitutional to tell students that there are no truths that are unamentable, in principle, to scientific study and verification?  I assume not.  (I'm not saying that these sorts of thing couldn't be discussed in public school classrooms.)   All that some of us are arguing, then, is that it would be constitutional simply to advise students that the methodological naturalism built into scientific inquiry (and which properly excludes the teaching of "intelligent design theory" as a subject _within_ science) should not be taken for an official commitment to the ontological naturalism of folks like Dawkins and Dennett.    Wow!  Your science teachers and students must be well ahead of the pack to understand the philosophy of science and concepts like methodological naturalism.But the problem with your disclaimer is that methodological naturalism isn't religion and so no disclaimer is appropriate.  Indeed, it would be, within the current context, just another undermining of the science teaching and learning that is happening.  And we don't need any more of that.I seriously doubt that HS science books make the entirely legitimate religious/philosophical argument that the conclusions of science point to the non-existence of god.  I'll bet they avoid such stuff with great vigor.In my experience with HS students, they do not need to be told that science is not everything!Steve -- Prof. Steven D. Jamar                               vox:  202-806-8017Howard University School of Law                     fax:  202-806-85672900 Van Ness Street NW                  mailto:[EMAIL PROTECTED]Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/"In these words I can sum up everything I've learned about life:  It goes on."Robert Frost ___
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Re: Dover Case Questions

2005-12-22 Thread RJLipkin





In a message dated 12/22/2005 9:06:14 AM Eastern Standard Time, 
[EMAIL PROTECTED] writes:
Some scientists and philosophers -- folks like Richard 
  Dawkins and Daniel Dennett most vocally lately -- argue that the conclusions 
  of science, such as evolution, shred any possible basis for belief in 
  God. 
"God" or "a god"? I 
can't see how it can be the latter. That is, it's unclear how the conclusions of 
evolutionary theory can "shred any possible basis for belief" in a god. 
Make such a belief highly unlikely? Maybe. But impossible (logically? 
empirically?)? I think it unlikely that statements of unqualified 
"impossibility" are useful here.

BobbyRobert Justin LipkinProfessor of LawWidener 
University School of LawDelaware
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Re: Dover Case Questions

2005-12-22 Thread Ed Brayton

Perry Dane wrote:



Some scientists and philosophers -- folks like Richard Dawkins 
and Daniel Dennett most vocally lately -- argue that the conclusions 
of science, such as evolution, shred any possible basis for belief in 
God.   Would it be constitutional for this sort of Dawkins/Dennett 
claim to be one of the propositions officially taught as a part of a 
science curriculum?  I assume not.  



I believe it would be. An official government endorsement of atheism 
would be no less an establishment, in my view, than endorsement of 
Christianity or theism itself. I also believe that Dawkins and Dennett 
are wrong and that they should do a much better job of distinguishing 
between what science says and the theological or philosophical 
inferences that one draws from science. Scientific theories are often 
used to inform our non-scientific opinions, and that is well and good, 
but they can often do so in contradictory ways. For example, big bang 
cosmology. William Lane Craig argues that big bang cosmology supports 
Christian theism; Quentin Smith argues that big bang cosmology supports 
atheism. So is big bang cosmology theistic or atheistic? Neither, of 
course. Big bang cosmology is a discrete theory that explains a specific 
set of data and that is all it does. The arguments of Craig and Smith 
are philosophical arguments that draw opposing inferences from that 
explanation, neither of which is intrinsic to the theory itself. Schools 
should certainly teach the theory because it is incredibly well 
supported (i.e. it's true, within the boundaries of reasonable doubt), 
but they should not take a position on the theological or 
anti-theological inferences that others draw from those theories. Teach 
the science, leave the philosophy out.


Would it be constitutional to tell students that there are no truths 
that are unamentable, in principle, to scientific study and 
verification?  I assume not.  (I'm not saying that these sorts of 
thing couldn't be discussed in public school classrooms.)   All that 
some of us are arguing, then, is that it would be constitutional 
simply to advise students that the methodological naturalism built 
into scientific inquiry (and which properly excludes the teaching of 
intelligent design theory as a subject _within_ science) should not 
be taken for an official commitment to the ontological naturalism of 
folks like Dawkins and Dennett.



I think it would not only be constitutional, I think it is necessary. We 
do a lousy job of teaching how science operates, by and large, and I 
think we absolutely ought to teach science beginning there.


Ed Brayton
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Re: Dover Case Questions

2005-12-22 Thread Christopher C. Lund
There is only a difference between methodological naturalism and ontological 
naturalism if we are open to the possibility that there may be other methods 
of inquiry (besides naturalism) that could potentially lead to truth.


Take Dane's disclaimer -- that science because it is a constrained 
discourse, it cannot claim, within its own four corners, to give us a full 
picture of Truth.  If this is indeed inappropriate (does Professor Jamar 
mean unconstitutional?), then we really have crossed over into ontological 
naturalism.


Chris


From: Steven Jamar [EMAIL PROTECTED]
Reply-To: Law  Religion issues for Law Academics 
religionlaw@lists.ucla.edu

To: Law  Religion issues for Law Academics religionlaw@lists.ucla.edu
Subject: Re: Dover Case Questions
Date: Thu, 22 Dec 2005 09:31:10 -0500


On Dec 22, 2005, at 9:05 AM, Perry Dane wrote:




Some scientists and philosophers -- folks like Richard  Dawkins 
and Daniel Dennett most vocally lately -- argue that the  conclusions of 
science, such as evolution, shred any possible basis  for belief in God.   
Would it be constitutional for this sort of  Dawkins/Dennett claim to be 
one of the propositions officially  taught as a part of a science 
curriculum?  I assume not.  Would it  be constitutional to tell students 
that there are no truths that  are unamentable, in principle, to scientific 
study and  verification?  I assume not.  (I'm not saying that these sorts 
of  thing couldn't be discussed in public school classrooms.)   All  that 
some of us are arguing, then, is that it would be  constitutional simply to 
advise students that the methodological  naturalism built into scientific 
inquiry (and which properly  excludes the teaching of intelligent design 
theory as a subject  _within_ science) should not be taken for an official 
commitment to  the ontological naturalism of folks like Dawkins and 
Dennett.


Wow!  Your science teachers and students must be well ahead of the  pack to 
understand the philosophy of science and concepts like  methodological 
naturalism.


But the problem with your disclaimer is that methodological  naturalism 
isn't religion and so no disclaimer is appropriate.   Indeed, it would be, 
within the current context, just another  undermining of the science 
teaching and learning that is happening.   And we don't need any more of 
that.


I seriously doubt that HS science books make the entirely legitimate  
religious/philosophical argument that the conclusions of science  point to 
the non-existence of god.  I'll bet they avoid such stuff  with great vigor.


In my experience with HS students, they do not need to be told that  science 
is not everything!


Steve


--
Prof. Steven D. Jamar   vox:  202-806-8017
Howard University School of Law fax:  202-806-8567
2900 Van Ness Street NW
mailto:[EMAIL PROTECTED]
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

In these words I can sum up everything I've learned about life:  It  goes 
on.


Robert Frost




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Re: Dover Case Questions

2005-12-22 Thread Steven Jamar
On Dec 22, 2005, at 10:03 AM, Christopher C. Lund wrote:Take Dane's disclaimer -- that science "because it is a constrained discourse, it cannot claim, within its own four corners, to give us a full picture of Truth."  If this is indeed inappropriate (does Professor Jamar mean unconstitutional?), then we really have crossed over into ontological naturalism.ChrisNo.  I meant inappropriate for the reason stated.  And no, saying that such a disclaimer is inappropriate does not push us over to ontological naturalism.  It just says it is inappropriate to require such a disclaimer for science.  It is also inappropriate to require one for any other subject.2 + 2 = 4 is true.  But neither it, nor all of the math yet invented, is the whole truth of existence.  The map is never the thing itself.  The finger pointing to the moon is not the moon. -- Prof. Steven D. Jamar                               vox:  202-806-8017Howard University School of Law                     fax:  202-806-85672900 Van Ness Street NW                   mailto:[EMAIL PROTECTED]Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/"It is by education I learn to do by choice, what other men do by the constraint of fear."Aristotle ___
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RE: Dover Case Questions

2005-12-22 Thread Douglas Laycock
Title: Dover Case Questions






Perry Dane 
writes:





All that some of us are arguing, then, is that it 
would be constitutional simply to advisestudents that the methodological 
naturalism built into scientificinquiry (and which properly excludes the 
teaching of "intelligentdesign theory" as a subject _within_ science) should 
not be taken foran official commitment to the ontological naturalism of 
folks likeDawkins and 
Dennett. 
Perry
Thisshould definitely be part of the science 
curriculum -- because it is true, because it is part of explaining the meaning 
and boundaries of science and the scientific method, and because it addresses a 
very widespread misunderstanding that fuels resistance to central parts of the 
science curriculum. If this simple point could ever be established in the 
public mind, it would defuse the whole controversy. That degree of success 
is of course quite unlikely, but the point is important and needs to be 
emphasized at every opportunity.

Douglas 
Laycock


University of Texas Law School
727 E. Dean Keeton St.
Austin, TX 78705
512-232-1341
512-471-6988 (fax)
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RE: Dover Case Questions

2005-12-22 Thread Douglas Laycock
Title: Dover Case Questions



 Marc and I do not disagree on the 
reality. I am inclined tothink that the points he makes show that 
the boundary between science and religion cannot be established in the public 
mind; he appears to think that even if the point were established, the fight 
would go on. I don't think that anything turns on this difference in 
characterization.

Douglas Laycock
University of Texas Law 
School
727 E. Dean Keeton St.
Austin, TX 78705
 512-232-1341 
(phone)
 512-471-6988 
(fax)



From: [EMAIL PROTECTED] 
[mailto:[EMAIL PROTECTED] On Behalf Of Marc 
SternSent: Thursday, December 22, 2005 10:24 AMTo: Law 
 Religion issues for Law AcademicsSubject: RE: Dover Case 
Questions


I think Perry is right 
that the schools can, and should teach something along the lines he is 
suggesting- though I fit is not part of the high stakes test ,no one will 
pay attention,- but I cannot agree with Doug that such a statement if 
established in the public mind would defuse the whole controversy I 
think experience has shown that moderate middle ground solutions do not 
defuse controversy; they seem to encourage true believers of right ort left to 
try harder to achieve total victory. Look at the recent discussion on this list 
over whether the Equal Access Act is unconstitutional for not providing enough 
access for religious speakers from outside the school or the controversy over 
teaching the Bible; there now is a constitutional text available, and school 
boards, such as that of Odessa Texas seem willing to insist on an 
unconstitutional sectarian text
Marc 
Stern





From: 
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 
On Behalf Of Douglas 
LaycockSent: Thursday, 
December 22, 2005 11:12 AMTo: 
religionlaw@lists.ucla.eduSubject: RE: Dover Case 
Questions



Perry Dane 
writes:









All that some of us are arguing, then, is that it would 
be constitutional simply to advisestudents that the methodological 
naturalism built into scientificinquiry (and which properly excludes the 
teaching of "intelligentdesign theory" as a subject _within_ science) should 
not be taken foran official commitment to the ontological naturalism of 
folks likeDawkins and 
Dennett. 
Perry

Thisshould definitely be part of the science 
curriculum -- because it is true, because it is part of explaining the meaning 
and boundaries of science and the scientific method, and because it addresses a 
very widespread misunderstanding that fuels resistance to central parts of the 
science curriculum. If this simple point could ever be established in the 
public mind, it would defuse the whole controversy. That degree of success 
is of course quite unlikely, but the point is important and needs to be 
emphasized at every opportunity.



Douglas 
Laycock



University of Texas Law School

727 E. Dean Keeton 
St.

Austin, TX 78705

512-232-1341

512-471-6988 
(fax)
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