Association of Christian Schools International et al. v. Roman Stearns et al.

"Association of Christian Schools International v. Roman Stearns" was filed in spring 2006 by Association of Christian Schools International against the University of California claiming religious discrimination over the rejection of five courses as college preparatory instruction. [cite news | url=http://www.universityofcalifornia.edu/news/acsi-stearns/ruling0808.pdf | title=Association of Christian Schools International et al. v. Roman Stearns et al. Decision |publisher=University of California | date=August 8, 2008 | first= | last= | accessdate = 2008-08-24] On August 8, 2008, Judge Otero entered summary judgment against plaintiff ACSI, upholding the University of California's standards. [cite news | url=http://www.nctimes.com/articles/2008/08/08/news/californian/murrieta/za3f1fe48ff6b8872882574a0000ff96d.txt | title=Judge throws out religious discrimination suit |publisher=North County Times | date=August 8, 2008 | first= | last= | accessdate = 2008-08-24]

uit

The suit filed in the United States District Court for the Central District of California alleged that the university system's rejection of several courses, including a history course, a government course, and science courses, was "viewpoint discrimination" which violated the constitutional rights of applicants from Christian schools whose high school coursework is deemed inadequate preparation for college. The books in particular were published by A Beka Books and Bob Jones University Press. They contained problems such as statements that where science and the Bible contradict, the student must choose the Bible, and judgement of the value of American historical figures on their religion. The UC board concluded that those books did not offer proper preparatory instruction for the university. The lawsuit was brought by the parents of six children who had not been rejected from the university, but were required to take additional, remedial courses. In August 2006, the case was allowed to proceed against the university while lawsuits against individual school officials were thrown out.cite news | url=http://www.ncseweb.org/resources/news/2006/CA/705_creationist_lawsuit_against_uc_8_10_2006.asp | title=Creationist lawsuit against UC system to proceed |publisher=National Center for Science Education | date=August 10, 2006| first= | last= | accessdate = 2008-04-24]

The Association retained leading intelligent design proponent Michael Behe to testify in the case as an expert witness. Behe's expert witness report claimed that the Christian textbooks were excellent works for high school students and he defended that view in a deposition. [Behe, Michael J. (April 2, 2007) [http://scienceblogs.com/authority/2007-04-02_Behe_expert_report.pdf Expert Witness report] in Association of Christian Schools International et al. v. Roman Stearns et al.] [United States District Court for the Central District of California (May 30, 2007) [http://scienceblogs.com/authority/2007-05-30_Behe_depo_transcript.pdf Deposition of Michael Behe] in Association of Christian Schools International et al. v. Roman Stearns et al.]

Decision

On March 28, 2008 the defendants won a legal victory when their motion for partial summary judgment was granted, and the plaintiffs' motion for summary judgment was denied. [cite news | url=http://www.ncseweb.org/resources/news/2008/CA/774_interim_victory_in_california__4_1_2008.asp | title=Interim victory in California creationism case |publisher=National Center for Science Education | date=April 1, 2008 | first= | last= | accessdate = 2008-04-24] In part of the judgement, the court focused on several creationist/intelligent design texts and quoted Behe's testimony against the plaintiffs: [ [http://www.universityofcalifornia.edu/news/acsi-stearns/msjruling_033108.pdf Association of Christian Schools International, et al. v. Roman Sterns et al: Order denying plaintiff's motion for summary judgement and granting defendant's motion for partial summary judgement] , U.S. District Court, Central District of California, No. CV 05-6242 SJO (MANx); Case 2:05-cv-06242-SJO-MAN Document 164, filed 03/28/2008. Access date 04/04/2008]

quotation|Plaintiff's evidence also supports Defendants' conclusion that these biology texts are inappropriate for use as the primary or sole text. Plaintiffs' own biology expert, Professor Michael Behe, testified that "it is personally abusive and pedagogically damaging to de facto require students to subscribe to an idea. . . . Requiring a student to, effectively, consent to an idea violates his personal integrity. Such a wrenching violation [may cause] a terrible educational outcome." (Behe Decl. Para. 59.)

Yet, the two Christian biology texts at issue commit this "wrenching violation." For example, Biology for Christian Schools declares on the very first page that:

#"'Whatever the Bible says is so; whatever man says may or may not be so,' is the only [position] a Christian can take. . . ."
#"If [scientific] conclusions contradict the Word of God, the conclusions are wrong, no matter how many scientific facts may appear to back them."
#"Christians must disregard [scientific hypotheses or theories] that contradict the Bible." (Phillips Decl. Ex. B, at xi.)

Biologist PZ Myers wrote "the judge pointed out that the books which Behe approved flatly state that Christians must accept creationist conclusions—unlike our biology books, which don't demand any religious litmus test of their readers—and were therefore perfect examples of exactly the problem he was complaining about." [cite news | url=http://scienceblogs.com/pharyngula/2008/04/mike_behe_friend_to_evolution.php| title=Mike Behe, friend to evolution |publisher=Pharyngula (blog) | date=April 2, 2008 | first= | last= | accessdate = 2008-04-24]

The August 2008 ruling concluded that various books offer by the school shouldn't be used for a college-preparatory history class because "it didn't encourage critical thinking skills and failed to cover 'major topics, themes and components' of U.S. history, Otero wrote. The judge said Calvary provided little admissible evidence to the contrary." [cite news | url=http://www.nctimes.com/articles/2008/08/08/news/californian/murrieta/za3f1fe48ff6b8872882574a0000ff96d.txt | title=Judge throws out religious discrimination suit |publisher=North County Times | date=August 8, 2008 | first= | last= | accessdate = 2008-08-24]

Books involved in the case

*Timothy Keesee, "American Government for Christian Schools", (Bob Jones University Press, 1989) ISBN 0890844844
*"Biology God's Living Creation", (A Beka Book, 1994)
*"Biology for Christian Schools", (Bob Jones University Press, January 1991) ISBN 0890845565
*Timothy Keesee and Mark Sidwell, "United States History for Christian Schools" (Bob Jones University Press, 2001) ISBN 1579246052

References

External links

* [http://www.universityofcalifornia.edu/news/acsi-stearns/ ACSI v. Stearns Document Collection] from University of California
* [http://www2.ncseweb.org/avs/index.php ACSI v. Stearns legal document archive] from National Center for Science Education