News
Letters

MICHELE A. PARISH, ACTING EXECUTIVE DIRECTOR
MARK SILVERSTEIN, LEGAL DIRECTOR

August 13, 1996 

Nancy McNally, President
Jefferson County School Board
6450 West 108th
Westminster, CO 80020

Dear Ms. McNally:

I am writing to you in your capacity as a member of the Jefferson County School Board. On behalf of the ACLU of Colorado, I am writing to ask that you review, reconsider, and reverse the decision of Superintendent Wayne Carle to remove a highly-praised instructional video from the science curriculum.

According to reports in the press, Superintendent Carle removed the NOVA-produced video, "The Miracle of Life", in response to a complaint about the manner in which the introductory section of the video discussed the theory of evolution.

This action, and the complaint that prompted it, must be placed in the context of a larger and long-standing struggle. Throughout this century, certain religious groups have pressured both schools and legislatures with regard to the teaching of the theory of evolution in the public schools. Like the student who initiated the complaint in this case, these groups believe that the theory of evolution conflicts with their own religious teachings and beliefs.

When the government has succumbed to the pressures exerted by these religious groups, the controversy has moved to a courtroom battle over the meaning of the First Amendment.

The First Amendment contains two clauses that apply to religion, and over the years the ACLU has vigorously defended both of them. The Free Exercise Clause protects all individuals, including those who reject the theory of evolution, to practice and exercise their religious beliefs. The Establishment Clause of the First Amendment, however, forbids the public schools to shape their curriculum decisions according to particular religious beliefs.

The ACLU has a long history with these issues. It has been involved in every major court battle over the teaching of evolution in the public schools. One of the ACLU's earliest cases was the defense of John Scopes, a Tennessee biology teacher who was charged in the 1920s with the crime of teaching evolution. In 1968, in the case of Epperson v. Arkansas, the United States Supreme Court agreed with the ACLU and held that states cannot ban the teaching of evolution. In 1982, in McLean v. Arkansas Board of Education, the ACLU helped convince a federal district court that the teaching of so-called "creation science" was the teaching of religious doctrine and was forbidden by the Establishment clause. In another ACLU case in 1987, Edwards v. Aguillard, the United States Supreme Court affirmed that states cannot require public school teachers to instruct students in "creation science."

Although these cases do not speak directly to the particular issues raised by the Superintendent's decision, they demonstrate the ACLU's long-standing willingness to respond to sectarian attacks on the teaching of evolution in the schools. It is in that context that I ask you and the rest of the Jefferson County School Board to review and reconsider the Superintendent's decision. It deserves the closest scrutiny.

According to press reports, Superintendent Carle removed the video because its introductory section presented evolution as though it were a fact instead of clearly labeling it as a theory. On the surface this rationale appears to be based on educational criteria. On closer examination, however, the rationale is deeply troubling.

The school board cannot possibly apply the Superintendent's rationale consistently to all instructional materials in the curriculum. There are numerous scientific theories that, like the theory of evolution, enjoy overwhelming acceptance in the scientific community. Will the school board insist that all discussion of gravity include the point that it is a theory, not a fact? Must the discussion of atoms and molecules contain similar disclaimers? Will the school board ensure that teachers refrain from suggesting that electricity is a fact?

There is no reason to restrict the Superintendent's rationale to the science curriculum. If science teachers always must clearly distinguish between fact and theory, surely history teachers must distinguish between facts on the one hand and viewpoints and interpretations on the other. What history lesson could survive such scrutiny? Wouldn't almost every presentation require numerous disclaimers?

To apply the Superintendent's rationale consistently across the curriculum would require an intensive micromanagement of every text and every teacher presentation. It would impoverish the current content of classroom instruction, would produce a chilling effect on teachers, and would seriously diminish academic freedom.

If, on the other hand, the school board chooses not to apply the Superintendent's rationale consistently, then the decision to remove the NOVA video will be seen in a different light. The school board is entitled to shape its curriculum according to legitimate educational criteria. If those criteria are not applied in a consistent manner, however, it will appear that other considerations are driving the decision to remove this particular video. Indeed, it will appear that the school board has removed this particular instructional aid because it offended the religious beliefs of a particular religious group. That is not a legitimate reason for depriving students and teachers of a valuable and educational part of the curriculum. It violates the constitutional principles that are embodied in the Establishment Clause and that have been have consistently upheld in every case in which the ACLU has taken the fight over the teaching of evolution to the courts.

For these reasons, I ask that the Jefferson County School Board reverse the decision of Superintendent Carle and restore the NOVA video to the curriculum.

Sincerely,

Mark Silverstein
Legal Director
American Civil Liberties Union of Colorado


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