University of California Defends Its “Right” to Propagate Pro-Evolution Religious Doctrine
Last month the United States Court of Appeals for the Ninth Circuit heard oral arguments on Jeanne Caldwell’s appeal from the District Court’s dismissal of her lawsuit against the University of California and the National Science Foundation regarding religious statements made on the University of California’s “Understanding Evolution” website. (Full disclosure: Jeanne Caldwell is my wife.) The website, which is programmed and hosted by the University of California in conjunction with the National Center for Science Education, was created with over $500,000 in financial support from the National Science Foundation. The District Court had dismissed Jeanne Caldwell’s lawsuit on the basis of her alleged lack of standing to bring the action. The District Court’s ruling, if upheld on appeal, would essentially render the internet an “Establishment Clause-free zone” by barring citizens from suing to stop a governmental endorsement of religion that occurs on the internet. The District Court did not reach the merits of Jeanne Caldwell’s Establishment Clause claim.
The key part of the UE website targeted by Jeanne Caldwell’s lawsuit is a webpage titled, “Misconception: Evolution and religion are incompatible,” in which the UC gives K-12 teachers suggested responses to students in their classroom who ask whether evolution is inconsistent with their personal religious beliefs. Prior to the announcement of the lawsuit in the media, the UC religious response webpage read:
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