| 词条 | Association of Christian Schools International v. Stearns |
| 释义 |
| name = Association of Christian Schools International v. Stearns | court = United States District Court for the Central District of California | image = | imagesize = | caption = | full name = Association of Christian Schools International, et al. v. Roman Stearns, et al. | date decided = August 8, 2008 | citations = 678 F. Supp. 2d [https://www.leagle.com/decision/infdco20100527800 980] | docket = [https://www.courtlistener.com/docket/5729526/association-of-christian-schools-international-v-roman-stearns/ 2:05-cv-06242] | transcripts = | judge = S. James Otero | prosecutor = | counsel for plaintiff= | plaintiff = | defendant = | prior actions = Defendants' motion for partial summary judgment granted, plaintiffs' motion for summary judgment denied, 679 F. Supp. 2d [https://www.leagle.com/decision/20091762679cmfsupp2d108311672 1083] (Mar. 28, 2008). | subsequent actions = Affirmed, 362 F. App'x 640 (9th Cir. 2010); cert. denied, {{ussc|562|975|2010|el=no}}. | holding = | keywords = }}Association of Christian Schools International v. Stearns, 678 F. Supp. 2d 980 (C.D. Cal. 2008), was filed in spring 2006 by Association of Christian Schools International against the University of California claiming religious discrimination over the rejection of five courses as college preparatory instruction.[1] On August 8, 2008, Judge S. James Otero entered summary judgment against plaintiff ACSI, upholding the University of California's standards.[2] LawsuitThe suit filed in the United States District Court for the Central District of California alleged that the university system's rejection of several courses, including a history course, a government course, and science courses, was "viewpoint discrimination" that violated the constitutional rights of applicants from Christian schools whose high school coursework is deemed inadequate preparation for college. The books in particular were published by A Beka Books and Bob Jones University Press. They contained problems such as statements that where science and the Bible contradict, the student must choose the Bible, and judgment of the value of American historical figures on their religion. The UC board concluded that those books did not offer proper preparatory instruction for the university. The lawsuit was brought by the parents of six children who had not been rejected from the university, but were required to take additional, remedial courses. In August 2006, the case was allowed to proceed against the university while lawsuits against individual school officials were thrown out.[3] The Association retained leading intelligent design proponent Michael Behe to testify in the case as an expert witness. Behe's expert witness report claimed that the Christian textbooks were excellent works for high school students and he defended that view in a deposition.[4][5] Decision{{Wikisource|Association of Christian Schools International v. Sterns}}On March 28, 2008, the defendants won a legal victory when their motion for partial summary judgment was granted, and the plaintiffs' motion for summary judgment was denied.[6] In part of the judgment, the court focused on several creationist/intelligent design texts and quoted Behe's testimony against the plaintiffs:[7] {{quotation|Plaintiff's evidence also supports Defendants' conclusion that these biology texts are inappropriate for use as the primary or sole text. Plaintiffs' own biology expert, Professor Michael Behe, testified that "it is personally abusive and pedagogically damaging to de facto require students to subscribe to an idea. . . . Requiring a student to, effectively, consent to an idea violates his personal integrity. Such a wrenching violation [may cause] a terrible educational outcome." (Behe Decl. Para. 59.)Yet, the two Christian biology texts at issue commit this "wrenching violation." For example, Biology for Christian Schools declares on the very first page that:
Biologist PZ Myers wrote, "The judge pointed out that the books that Behe approved flatly state that Christians must accept creationist conclusions—unlike our biology books, which don't demand any religious litmus test of their readers—and were therefore perfect examples of exactly the problem he was complaining about."[8] The August 2008 ruling concluded that various books offered by the school shouldn't be used for a college-preparatory history class because "it didn't encourage critical thinking skills and failed to cover 'major topics, themes and components' of U.S. history", Otero wrote. The judge said Calvary provided little admissible evidence to the contrary.[2] On January 26, 2009, ACSI filed an appeal on the decision.[9] On January 12, 2010, the Ninth Circuit Court of Appeals affirmed the federal district court's summary judgment in favor of the University of California.[10][11] On October 12, 2010, the Supreme Court declined to review the case, effectively ending it.[12][13] Books involved in the case
References1. ^{{cite court |litigants=Association of Christian Schools International v. Stearns |vol=678 |reporter=F. Supp. 2d |opinion=980 |pinpoint= |court=C.D. Cal. |date=2008 |url=https://www.leagle.com/decision/infdco20100527800 |accessdate=2019-02-19 |quote=}} 2. ^1 {{cite news|url=http://www.nctimes.com/articles/2008/08/08/news/californian/murrieta/za3f1fe48ff6b8872882574a0000ff96d.txt |title=Judge throws out religious discrimination suit |publisher=North County Times |date=August 8, 2008 |first= |last= |accessdate=2008-08-24 |deadurl=yes |archiveurl=https://web.archive.org/web/20080815065757/http://www.nctimes.com/articles/2008/08/08/news/californian/murrieta/za3f1fe48ff6b8872882574a0000ff96d.txt |archivedate=August 15, 2008 |df= }}{{Citation broken|date=November 2010}} 3. ^{{cite news | url=http://ncse.com/news/2006/08/creationist-lawsuit-against-uc-system-to-proceed-00791 | title=Creationist lawsuit against UC system to proceed |publisher=National Center for Science Education | date=August 10, 2006| first= | last= | accessdate = 2008-04-24}} 4. ^Behe, Michael J. (April 2, 2007) Expert Witness report {{webarchive |url=https://web.archive.org/web/20080627000000/http://scienceblogs.com/authority/2007-04-02_Behe_expert_report.pdf |date=June 27, 2008 }} in Association of Christian Schools International et al. v. Stearns et al. 5. ^United States District Court for the Central District of California (May 30, 2007) Deposition of Michael Behe {{webarchive |url=https://web.archive.org/web/20080627000000/http://scienceblogs.com/authority/2007-05-30_Behe_depo_transcript.pdf |date=June 27, 2008 }} in Association of Christian Schools International et al. v. Stearns et al. 6. ^{{cite news | url=http://ncse.com/news/interim-victory-in-california-creationism-case | title=Interim victory in California creationism case |publisher=National Center for Science Education | date=April 1, 2008 | first= | last= | accessdate = 2008-04-24}} 7. ^{{cite court |litigants=Association of Christian Schools International v. Stearns |vol=679 |reporter=F. Supp. 2d |opinion=1083 |pinpoint= |court=C.D. Cal. |date=2008 |url=https://www.leagle.com/decision/20091762679cmfsupp2d108311672 |accessdate=2019-02-19 |quote=}} 8. ^{{cite news|url=http://scienceblogs.com/pharyngula/2008/04/mike_behe_friend_to_evolution.php |title=Mike Behe, friend to evolution |publisher=Pharyngula (blog) |date=April 2, 2008 |first= |last= |accessdate=2008-04-24 |deadurl=yes |archiveurl=https://web.archive.org/web/20080405204411/http://scienceblogs.com/pharyngula/2008/04/mike_behe_friend_to_evolution.php |archivedate=April 5, 2008 |df= }} 9. ^{{cite news | url=http://ncse.com/news/2009/04/whats-new-acsi-v-stearns-004756 | title=What's new in ACSI v. Stearns |publisher=National Center for Science Education | date=April 27, 2009 | first= | last= | accessdate = 2009-04-24}} 10. ^{{cite court |litigants=Association of Christian Schools International v. Stearns |vol=362 |reporter=Fed. App'x |opinion=640 |pinpoint= |court=9th Cir. |date=2010 |url=https://scholar.google.com/scholar_case?case=8829306888221631633 |accessdate=2019-02-19 |quote=}} 11. ^{{cite news | url=http://ncse.com/news/2010/01/victory-again-california-creationism-case-005282 | title=Victory again in California creationism case |publisher=National Center for Science Education | date=January 12, 2010 | first= | last= | accessdate = 2010-01-24}} 12. ^{{ussc|name=Association of Christian Schools International v. Stearns|562|975|2010|el=no}} (cert. denied). 13. ^{{cite news | url=http://ncse.com/news/2010/10/end-acsi-v-stearns-006258 | title=The end of ACSI v. Stearns | publisher=National Center for Science Education | date=October 19, 2010 | first= | last= | accessdate = 2010-10-19}} External links
9 : Intelligent design controversies|United States education case law|United States creationism and evolution case law|2006 in United States case law|2006 in religion|2006 in education|United States Court of Appeals for the Ninth Circuit cases|United States District Court for the Central District of California cases|University of California litigation |
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