We’ve been waiting ten months for news about this one. The last time we posted about it was Kansas NGSS Case — State’s Appeal Brief. The next few indented paragraphs provide background information, which most of you can skip:
[We’ve been calling this] the Kansas NGSS Case. The correct name is in this link to the plaintiffs’ original complaint — it’s a 51-page pdf file: COPE et al. v. Kansas State Board of Education et al. The lead plaintiff’s initials stand for their Orwellian name, “Citizens for Objective Public Education.” Their suit was an attempt to invalidate the state’s adoption of the evolution-friendly Next Generation Science Standards (the “NGSS”).
We always recommend that you take a look at “Exhibit A,” starting on page 37 of the complaint. It’s a letter that COPE (one of the plaintiffs) wrote back in June 2012, listing their objections to what were then the state’s proposed science standards. It’s an amazing catalog of creationist arguments — one of the best collections we’ve ever seen, and is likely to be the only reason this case is remembered.
At the trial court level, the state filed a motion to dismiss based on, among other things, sovereign immunity, the plaintiffs have no standing, the science standards (the NGSS) are secular, not religious, and therefore they don’t violate the Constitution’s equal protection clause or restrict the plaintiffs’ right of free speech. Then — wonder of wonders! — that motion was granted and the case was dismissed.
The creationists appealed, and we’ve been waiting all this time to find out what the appellate court will do. Today we have the answer. We present to you, dear reader, some excerpts from Court rejects religious challenge to Kansas schools science standards. It appears in the Kansas City Star of Kansas City, Missouri, which straddles the Kansas–Missouri border. The bold font was added by us:
A federal appeals court has rejected a nonprofit group’s claim that science standards for Kansas public schools promote atheism. The 10th U.S. Circuit Court of Appeals in Denver affirmed on Tuesday a lower court ruling that had dismissed the lawsuit brought by a nonprofit group calling itself Citizens for Objective Public Education. At issue in the lawsuit are guidelines adopted in 2013 by the Kansas Board of Education that treat evolution and climate change as key scientific concepts.
They don’t give us a link to the court’s opinion, but our friends at the National Center for Science Education (NCSE) have been tracking the case and they have an archive of the pleadings here: COPE v. Kansas State BOE. M’god — they’ve got it! You can read the opinion here.
Okay, back to the news story:
The appeals court agreed with U.S. District Judge Daniel Crabtree that opponents of the standards had no standing to sue because they could not show an injury.
That makes sense. This is the last paragraph, and it’s a bit creepy:
Its decision notes the standards themselves recommend objective curricula and allows districts the option not to adopt the standards or to teach alternative origins theories.
BWAHAHAHAHAHA! In Kansas, local school districts are free to teach creationism! Anyway, the creationists lost their case, so that’s good news. They always lose. How frustrating that must be.
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