This news appears in the Charleston Daily Mail of Charleston, West Virginia — the capital and largest city of that state. Their stunning headline is Lawsuit claims evolution is a religion. The newspaper has a comments section. Here are some excerpts from the article, with bold font added by us:
A parent of a Jefferson County student has filed a federal lawsuit against local, state and federal education officials claiming the teaching of evolution, which he says is a religion, violates his child’s Constitutional rights.
Your Curmudgeon is delighted. At last we have a topic to blog about that is worthy of our talents. Then we’re told:
Kenneth Smith, who is representing himself, filed the four-page federal lawsuit in U.S. District Court for the Northern District of West Virginia against the Jefferson County Board of Education, state Superintendent Michael Martirano, National Institute of Health director Francis Collins, U.S. Secretary of Education Arne Duncan and the U.S. Department of Education.
Four pages! That’s a big complaint. He seems to have named all the right defendants. They’re probably hiding under their desks. Let’s read on:
“His complaint is against all Defendants, who’ve fostered the propagation of religious faith in our West Virginia public school machinery and government at large,” the May 12 lawsuit said. Smith alleged education officials violated the U.S. Constitution because he claimed they are “propagating” a religious faith in public schools.
Is that a quote from the complaint? Does Smith say: “His complaint …” instead of something like “Plaintiff alleges …”? This is very impressive! We continue:
“Their actions during the 2014-2015 school year affects [sic] my child’s future directly through the state grading system to enter college and the ability to earn economic security and a good job in her chosen veterinarian medical field of work, by being taught a faith base [sic] (evolutionary ideology) that just doesn’t exist and has no math to back it,” Smith’s lawsuit said.
There’s no math to back up evolution. Hey — that’s brilliant! Here’s more:
“While denying the Plaintiff’s accurate scientific mathematical system of genetic variations that proves evolution is a religion, it will benefit our government economically and efficiently increase our judicial and law enforcement departments in many ways,” the lawsuit said.
Wowie — Smith has the math to prove that evolution is a religion! One more excerpt:
Smith’s lawsuit seeks a trial by jury and requests a federal judge declare evolution as violating the U.S. Constitution. A response has not yet been filed to this lawsuit.
We Googled around and found another source that says the suit was filed in the U.S. District Court for the Northern District of West Virginia, and is assigned to Judge Gina Groh. It looks like a PACER subscription is required to see anything at the court’s website.
Aha — we found it through the Justia website. It’s here: Smith v. Jefferson County Board of Education et al , but they also require a PACER subscription.
No problem. The press is certain to cover this case, so we expect to learn more — much more! Stay tuned to this blog.
Addendum: Our friends at the National Center for Science Education (NCSE) have just posted about the case: Antievolution lawsuit filed in West Virginia. They have a link to the complaint. It only takes a minute to read.
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