Monday, February 16, 2009

UC Berkeley Darwin Promo Crosses Church-State Line

[Awaiting a response from the Supreme Court,] a Christian schoolteacher from Roseville [California] who takes the Bible literally says a UC Berkeley Web site about evolution is unconstitutional, like a cross in a public park.

-- From "Cal Web site draws anti-evolution lawsuit" by Charles Burress, Staff Writer, San Fran. Chronicle 2/14/09

The Web site, "Understanding Evolution," is supported by government funds and violates the constitutional separation of church and state, according to the suit by Jeanne Caldwell.

Rebuffed by lower courts, she has appealed to the nation's highest court, and UC joined the battle this week, saying in its response that the Internet is not like a park and that, in fact, Caldwell has no right even to file the suit.

The sides wait to see whether the justices will take the case and tackle the unsettled issue - not of evolution, but of whether the Internet is a public space that needs new principles to enforce the state-and-religion barrier.

At issue is one page, out of 840 on the Web site, that says Darwin's theory and religion can co-exist. The page - titled "Misconception: 'Evolution and Religion are Incompatible' " - also features a drawing of a smiling scientist holding a skull and shaking hands with a smiling cleric holding a book with a cross on it.

Caldwell says UC's government-funded assertion contradicts a religious belief that evolution and religion are incompatible and amounts to a state position on religious doctrine. This violates the establishment clause of the First Amendment barring Congress from making any law respecting the establishment or exercise of religion, she says.

To read the entire article, CLICK HERE.