As a point of clarification. (Note: I hate to clarify something in defense of someone who I really didn’t like and generally agree with the criticism of.)
Scalia was actually citing the arguments of someone else in his dissent, I’m not sure how much he really agreed with it…
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Senator Keith and his witnesses testified essentially as set forth in the following numbered paragraphs:
(1) There are two and only two scientific explanations for the beginning of life [n3] -- evolution and creation science. 1 id. at E-6 (Sunderland); id. at E-34 (Sen. Keith); id. at E-280 (Sen. Keith); id. at E-417 - E-418 (Sen. Keith). Both are bona fide "sciences." Id. at E-6 - E-7 (Sunderland); id. at E-12 (Sunderland); id. at E-416 (Sen. Keith); id. at E-427 (Sen. Keith); 2 id. at E-491 - E-492 (Sen. Keith); id. at E-497 - E-498 (Sen. Keith). Both posit a theory of the origin of life, and subject that theory to empirical testing. Evolution posits that life arose out of inanimate chemical compounds and has gradually evolved over millions of years. Creation science posits that all life forms now on earth appeared suddenly and relatively recently, and have changed little. Since there are only two possible explanations of the origin of life, any evidence that tends to disprove the theory of evolution necessarily tends to prove the theory of creation science, and vice versa. For example, the abrupt appearance in the fossil record of complex life, and the extreme rarity [p623] of transitional life forms in that record, are evidence for creation science. 1 id. at E-7 (Sunderland); id. at E-12 - E-18 (Sunderland); id. at E-45 - E-60 (Boudreaux); id. at E-67 (Harlow); id. at E-130 - E-153 (Boudreaux paper); id. at E-423 - E-428 (Sen. Keith).
(2) The body of scientific evidence supporting creation science is as strong as that supporting evolution. In fact, it may be stronger. Id. at E-214 (Young statement); id. at E-310 (Sen. Keith); id. at E-416 (Sen. Keith); 2 id.at E-492 (Sen. Keith). The evidence for evolution is far less compelling than we have been led to believe. Evolution is not a scientific "fact," since it cannot actually be observed in a laboratory. Rather, evolution is merely a scientific theory or "guess." 1 id. at E-20 - E-21 (Morris); id. at E-85 (Ward); id. at E-100 (Reiboldt);id. at E-328 - E-329 (Boudreaux); 2 id. at E-506 (Boudreaux). It is a very bad guess at that. The scientific problems with evolution are so serious that it could accurately be termed a "myth." 1 id. at E-85 (Ward); id. at E-92 - E-93 (Kalivoda); id. at E-95 - E-97 (Sen. Keith); id. at E-154 (Boudreaux paper); id. at E-329 (Boudreaux); id. at E-453 (Sen. Keith); 2 id. at E-505 - E-506 (Boudreaux); id. at E-516 (Young).
(3) Creation science is educationally valuable. Students exposed to it better understand the current state of scientific evidence about the origin of life. 1 id. at E-19 (Sunderland); id. at E-39 (Sen. Keith); id. at E-79 (Kalivoda); id. at E-308 (Sen. Keith); 2 id. at E-513 - E-514 (Morris). Those students even have a better understanding of evolution. 1 id. at E-19 (Sunderland). Creation science can and should be presented to children without any religious content. Id. at E-12 (Sunderland); id. at E-22 (Sanderford); id. at E-35 - E-36 (Sen. Keith); id. at E-101 (Reiboldt); id. at E-279 - E-280 (Sen. Keith); id. at E-282 (Sen. Keith).
(4) Although creation science is educationally valuable and strictly scientific, it is now being censored from or misrepresented in the public schools. Id. at E-19 (Sunderland); id. [p624] at E-21 (Morris); id. at E-34 (Sen. Keith); id. at E-37 (Sen. Keith); id. at E-42 (Sen. Keith); id. at E-92 (Kalivoda); id. at E-97 - E-98 (Reiboldt); id.at E-214 (Young statement); id. at E-218 (Young statement); id. at E-280 (Sen. Keith); id. at E-309 (Sen. Keith); 2 id. at E-513 (Morris). Evolution, in turn, is misrepresented as an absolute truth. 1 id. at E-63 (Harlow);id. at E-74 (Sen. Keith); id. at E-81 (Kalivoda); id. at E-214 (Young statement); 2 id. at E-507 (Harlow); id. at E-513 (Morris); id. at E-516 (Young). Teachers have been brainwashed by an entrenched scientific establishment composed almost exclusively of scientists to whom evolution is like a "religion." These scientists discriminate against creation scientists, so as to prevent evolution's weaknesses from being exposed. 1 id. at E-61 (Boudreaux); id. at E-63 - E-64 (Harlow); id. at E-78 - E-79 (Kalivoda); id. at E-80 (Kalivoda); id. at E-95 - E-97 (Sen. Keith); id. at E-129 (Boudreaux paper); id. at E-218 (Young statement); id. at E-357 (Sen. Keith); id. at E-430 (Boudreaux).
(5) The censorship of creation science has at least two harmful effects. First, it deprives students of knowledge of one of the two scientific explanations for the origin of life, and leads them to believe that evolution is proven fact; thus, their education suffers, and they are wrongly taught that science has proved their religious beliefs false. Second, it violates the Establishment Clause. The United States Supreme Court has held that secular humanism is a religion. Id. at E-36 (Sen. Keith) (referring to Torcaso v. Watkins, 367 U.S. 488, 495, n. 11 (1961));1 App. E-418 (Sen. Keith); 2 id. at E-499 (Sen. Keith). Belief in evolution is a central tenet of that religion. 1 id. at E-282 (Sen. Keith); id. at E-312 - E-313 (Sen. Keith); id. at E-317 (Sen. Keith); id. at E-418 (Sen. Keith); 2 id. at E-499 (Sen. Keith). Thus, by censoring creation science and instructing students that evolution is fact, public school teachers are now advancing religion in violation of the Establishment Clause. 1 id.at E-2 - E-4 [p625] (Sen. Keith); id. at E-36 - E-37, E-39 (Sen. Keith); id. at E-154 - E-155 (Boudreaux paper); id. at E-281 - E-282 (Sen. Keith); id. at E-313 (Sen. Keith); id. at E-315 - E-316 (Sen. Keith); id. at E-317 (Sen. Keith); 2 id. at E-499 - E-500 (Sen. Keith).
Senator Keith repeatedly and vehemently denied that his purpose was to advance a particular religious doctrine. A t the outset of the first hearing on the legislation, he testified:
We are not going to say today that you should have some kind of religious instructions in our schools. . . . We are not talking about religion today. . . . I am not proposing that we take the Bible in each science class and read the first chapter of Genesis.
https://www.law.cornell.edu/supremecourt/text/482/578#writing-USSC_CR_0482_0578_ZD
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