Word: overton
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Dates: during 1980-1989
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...Arkansas law had a surface plausibility: it merely required that if public schools teach the theories of "evolution science," they must also teach the theories of "creation science." But last week Federal Judge William Overton had little trouble determining that something constitutionally improper was going on under that surface. "The two-model approach of the creationists is simply a contrived dualism," wrote the judge. Creation science "is not science because it depends upon supernatural intervention, which is not guided by natural law." And since it is not science, "the conclusion is inescapable that the only real effect...
...decision, Judge William Overton ruled, "The application and content of First Amendment principles are not determined by public opinion polls, or by a majority vote. Whether the proposals of [this law] constitute the majority or the minority is quite irrelevant under a constitutional system of government...
Robert Fisher, of the Arkansas Attorney General's office, said the state tried to "keep religion out of the trial." It argued that Creationism was scientifically sound as an alternative theory to evolution. However, in his decision, Overton said that the Creationists, instead of reaching conclusions from data, use "the literal wording of Genesis and attempt to find scientific support...
Louisiana has enacted a similar law requiring the teaching of Creationism in its public schools beginning this fall. The Louisiana ACLU has challenged the statute on the same grounds as in Arkansas. Since Louisiana is in a different court district, Overton's decision will not invalidate...
...case inevitably will go to the U.S. Supreme Court. Meanwhile, the A.C.L.U. is challenging Louisiana's virtually identical law, and creation lobbyists are at work with more than 15 state legislatures as well as textbook publishers and local school boards across the nation. So whatever Federal Judge William Overton rules, perhaps late this week, little will be settled...