[net.origins] The Arkansas case

carnes@gargoyle.UChicago.UUCP (Richard Carnes) (11/10/84)

<>

   I would like to post some excerpts from the 1982 opinion of Judge William
Overton that invalidated Arkansas Act 590, the "Balanced Treatment for
Creation-Science and Evolution-Science Act."  If you have already read this,
it is well worth reading again.  Creationists who STILL do not understand
why orthodox scientists get so angry at the prospect of creationism's
being taught in public schools, and who imagine that it is because of
scientists' rejection of the authority of God or because of their vested
interest in the acceptance of evolutionary theory, are well advised to pay
close attention.  (Where were scientists' vested interests in the later 19th
century when the great majority of scientists converted from creationist
beliefs to acceptance of evolution?)  Here is the first installment:
________________

[From Part III:]

   Section 4 of the Act provides:

	Definitions.  As used in this Act:
	(a) "Creation-science" means the scientific evidences for creation
	and inferences from those scientific evidences.  Creation-science
	includes the scientific evidences and related inferences that 
	indicate:  (1) sudden creation of the universe, energy, and life 
	from nothing; (2) the insufficiency of mutation and natural 
	selection in bringing about development of all living kinds from a
	single organism; (3) changes only within fixed limits of originally
	created kinds of plants and animals; (4) separate ancestry for
	man and apes; (5) explanation of the earth's geology by 
	catastrophism, including the occurrence of a worldwide flood; and
  	(6) a relatively recent inception of the earth and living kinds.

	(b) "Evolution-science" means the scientific evidences for evolution
	and inferences from those scientific evidences.  Evolution-science 
	includes the scientific evidences and related inferences that
	indicate:  (1) emergence by naturalistic processes of the universe
	from disordered matter and emergence of life from nonlife; (2) the
	sufficiency of mutation and natural selection in bringing about 
	development of present living kinds from simple earlier kinds;
	(3) emergence by mutation and natural selection of present living
	kinds from simple earlier kinds; (4) emergence of man from a common
	ancestor with apes; (5) explanation of the earth's geology 
	and the evolutionary sequence by uniformitarianism; and (6) an
	inception several billion years ago of the earth and somewhat 
	later of life.


				IV(A)

   The approach to teaching "creation science" and "evolution science" found
in Act 590 is identical to the two model approach espoused by the Institute
for Creation Research and is taken almost verbatim from ICR writings.  It is
an extension of Fundamentalists' view that one must either accept the
literal interpretation of Genesis or else believe in the godless system of
evolution.

   The two model approach of the creationists is simply a contrived dualism
which has no scientific factual basis or legitimate educational purpose.

	[Footnote]  Morris, the Director of ICR and one who first advocated
	the two model approach, insists that a true Christian cannot
	compromise with the theory of evolution and that the Genesis version
	of creation and the theory of evolution are mutually exclusive.
	Px [Plaintiff Exhibit] 31, Morris, *Studies in the Bible & Science*,
	102-103.  The two model approach was the subject of Dr. Richard
	Bliss's doctoral dissertation.  (Dx 35.)  It is presented in
	Bliss, *Origins:  Two Models--Evolution, Creation* (1978).  
	Moreover, the two model approach merely casts in educationalist
	language the dualism which appears in all creationist literature--
	creation (i.e., God) and evolution are presented as two
	alternative and mutually exclusive theories.  See, e.g., Px 75,
	Morris, *Scientific Creationism* (1974) (public school edition);
	Px 59, Fox, *Fossils:  Hard Facts from the Earth*.  Particularly
	illustrative is Px 61, Boardman et al., *Worlds Without End* (1971),
	a CSRC publication:  "One group of scientists, known as
	creationists, believe that God, in a miraculous manner, created
	all matter and energy ...
  	   "Scientists who insist that the universe just grew, by
	accident, from a mass of hot gases without the direction or help of
	a Creator are known as evolutionists."

It assumes only two explanations for the origins of life and existence of
man, plants and animals:  It was either the work of a creator or it was not.
Application of these two models, according to creationists, and the
defendants, dictates that all scientific evidence which fails to support the
theory of evolution is necessarily scientific evidence in support of
creationism and is, therefore, creation science "evidence" in support of
Section 4(a).


				IV(B)

   The emphasis on origins as an aspect of the theory of evolution is
peculiar to creationist literature.  Although the subject of origins of life
is within the province of biology, the scientific community does not
consider origins of life a part of evolutionary theory.  The theory of
evolution assumes the existence of life and is directed to an explanation of
*how* life evolved.  Evolution does not presuppose the absence of a creator
or God and the plain inference conveyed by Section 4 is erroneous.  

	[Footnote]  The idea that belief in a creator and acceptance of
	the scientific theory of evolution are mutually exclusive is a
	false premise and offensive to the religious views of many.
	([Witness] Hicks.)  Dr. Francisco Ayala, a geneticist of 
	considerable renown and a former Catholic priest who has the
	equivalent of a Ph.D. in theology, pointed out that many working
	scientists who subscribed to the theory of evolution are devoutly
	religious.

   As a statement of the theory of evolution, Section 4(b) is simply a
hodgepodge of limited assertions, many of which are factually inaccurate.

   For example, although 4(b)(2) asserts, as a tenet of evolutionary theory,
"the sufficiency of mutation and natural selection in bringing about the
existence of present living kinds from simple earlier kinds," Drs. Ayala and
Gould both stated that biologists know that these two processes do not
account for all significant evolutionary change.  They testified to such
phenomena as recombination, the founder effect, genetic drift and the theory
of punctuated equilibrium, which are believed to play important evolutionary
roles.  Section 4(b) omits any reference to these.  Moreover, 4(b) utilizes
the term "kinds" which all scientists said is not a word of science and has
no fixed meaning.  Additionally, the Act presents both evolution and
creation science as "package deals."  Thus evidence critical of some aspect
of what the creationists define as evolution is taken as support for a
theory which includes a worldwide flood and a relatively young earth.

 	[Footnote]  This is so despite the fact that some of the defense
	witnesses do not subscribe to the young earth or flood 
	hypotheses.  Dr. Geisler stated his belief that the earth is
	several billion years old.  Dr. Wickramasinghe stated that no
	rational scientist would believe the earth is less than one
	million years old or that all the world's geology could be
	explained by a worldwide flood.

				
				IV(C)

   In addition to the fallacious pedagogy of the two model approach,
Section 4(a) lacks legitimate educational value because "creation science"
as defined in that section is simply not science.  Several witnesses
suggested definitions of science.  A descriptive definition was said to be
that science is what is "accepted by the scientific community" and is "what
scientists do."  The obvious implication of this description is that, in a
free society, knowledge does not require the imprimatur of legislation in
order to become science.

   More precisely, the essential characteristics of science are:

	(1)  it is guided by natural law;
	(2)  it has to be explanatory by reference to natural law;
	(3)  it is testable against the empirical world;
	(4)  its conclusions are tentative, i.e., are not necessarily the
	     final word; and
	(5)  it is falsifiable.  (Ruse and other science witnesses)

   Creation science as described in Section 4(a) fails to meet these
essential characteristics.  First, the section revolves around 4(a)(1) which
asserts a sudden creation "from nothing."  Such a concept is not science
because it depends upon a supernatural intervention which is not guided by
natural law.  It is not explanatory by reference to natural law, is not
testable and is not falsifiable.

	[Footnote]  "We do not know how God created, what processes He used,
	for *God used processes which are not now operating anywhere in
	the natural universe*.  This is why we refer to divine creation as
	Special Creation.  We cannot discover by scientific investigation
	anything about the creative processes used by God."  Px 78, Gish,
	*Evolution?  The Fossils Say No!*, 42 (3d ed. 1979) (emphasis in
	original).

   If the unifying idea of supernatural creation by God is removed from
Section 4, the remaining parts of the section explain nothing and are
meaningless assertions.  

   Section 4(a)(2), relating to the "insufficiency of mutation and natural
selection in bringing about development of all living kinds from a single
living organism," is an incomplete negative generalization directed at the
theory of evolution.

   Section 4(a)(3) which described "changes only within fixed limits of
originally created kinds of plants and animals" fails to conform to the
essential characteristics of science for several reasons.  First, there is
no scientific definition of "kinds" and none of the witnesses was able to
point to any scientific authority which recognized the term or knew how many
"kinds" existed.  One defense witness suggested there may be 100 to 10,000
different "kinds."  Another believes there were "about 10,000, give or take
a few thousand."  Second, the assertion appears to be an effort to establish
outer limits of changes within species.  There is no scientific explanation
for these limits which is guided by natural law and the limitations,
whatever they are, cannot be explained by natural law.

   The statement in 4(a)(4) of "separate ancestry of man and apes" is a bald
assertion.  It explains nothing and refers to no scientific fact or theory.

	[Footnote]  The evolutionary notion that man and some modern apes 
	have a common ancestor somewhere in the distant past has
	consistently been distorted by anti-evolutionists to say that man
	descended from modern monkeys.  As such, this idea has long been most
	offensive to Fundamentalists.  See, *Epperson v. Arkansas*,
	393 U.S. 97 (1968).

   Section 4(a)(5) refers to "explanation of the earth's geology by
catastrophism, including the occurrence of a worldwide flood."  This
assertion completely fails as science.  The Act is referring to the Noachian
flood described in the Book of Genesis.

	[Footnote]  Not only was this point acknowledged by virtually all
	the defense witnesses, it is patent in the creationist literature.
	See, e.g., Px 89, Kofahl and Seagraves, *The Creation Explanation*,
	40:  "The Flood of Noah brought about vast changes in the earth's
	surface, including vulcanism, mountain building, and the deposition
	of the major part of sedimentary strata.  This principle is called
	`Biblical catastrophism.'"

The creationist writers concede that *any* kind of Genesis Flood depends
upon supernatural intervention.  A worldwide flood as an explanation of the
world's geology is not the product of natural law, nor can its occurrence be
explained by natural law.

   Section 4(a)(6) equally fails to meet the standards of science.
"Relatively recent inception" has no scientific meaning.  It can only be
given meaning by reference to creationist writings which place the [earth's]
age at between 6,000 and 20,000 years because of the genealogy of the Old
Testament.  See, e.g., Px 78, Gish (6,000 to 10,000); Px 87, Segraves (6,000
to 20,000).  Such a reasoning process is not the product of natural law; not
explainable by natural law; nor is it tentative.

   Creation science, as defined in Section 4(a), not only fails to follow
the canons defining scientific theory, it also fails to fit the more general
descriptions of "what scientists think" and "what scientists do."  The
scientific community consists of individuals and groups, nationally and
internationally, who work independently in such varied fields as biology,
paleontology, geology and astronomy.  Their work is published and subject to
review and testing by their peers.  The journals for publication are both
numerous and varied.  There is, however, not one recognized scientific
journal which has published an article espousing the creation science theory
described in Section 4(a).  Some of the State's witnesses suggested that the
scientific community was "close-minded" on the subject of creationism and
that explained the lack of acceptance of the creation science arguments.
Yet no witness produced a scientific article for which publication had been
refused.  Perhaps some members of the scientific community are resistant to
new ideas.  It is, however, inconceivable that such a loose-knit group of
independent thinkers in all the varied fields of science could, or would, so
effectively censor new scientific thought.
___________________________

   Part IV(C) of Overton's opinion will be concluded in a future posting.

					Richard Carnes
					ihnp4!gargoyle!carnes
"Think!  It ain't illegal yet."  (11/9/84)

lab@qubix.UUCP (Q-Bick) (11/12/84)

Another view on this is available in "Scopes II: The Great Debate" by
Lousiana State Senator Bill Keith. The insights, especially from Keith's
background as a journalist and *ex-evolutionist*, are enlightening.
-- 
		The Ice Floe of Larry Bickford
		{amd,decwrl,sun,idi,ittvax}!qubix!lab

You can't settle the issue until you've settled how to settle the issue.