Our Day in Court: ICR Graduate School v. THECB et al | The Institute for Creation Research

Our Day in Court: ICR Graduate School v. THECB et al

Longtime Acts & Facts readers will be aware of the Institute for Creation Research's fight for academic freedom in the state of Texas. As prior issues have noted,1 in April 2008 the Texas Higher Education Coordinating Board (THECB) banned the ICR Graduate School (ICRGS) from offering its Master of Science degree in Texas.

In response, ICR filed cases in 2009 to pursue both federal and state law remedies.2 At this point, there are two parallel court proceedings on track for court trials. One is a federal civil rights lawsuit pending in the Western District of Texas, Austin Division. Focusing on government-sponsored "viewpoint discrimination," the suit is currently scheduled for trial in July.

Of course, First Amendment freedoms loom large in this federal civil rights case. Ironically, this case was "removed" from state court (i.e., Travis County District Court), where it was originally filed. It was necessary for that lawsuit to start in Travis County, in order to trigger application of the Texas Religious Freedom Restoration Act of 1999, an important Texas law in this controversy. That law provides that if a form of Texas governmental discrimination is based on improper interference with religious liberty, the interference can be remedied by a trial judge, similar to how judges use injunctions to order solutions to other forms of state discrimination (e.g., illegal discrimination based on race, sex, national origin, etc.).

Since the ICRGS Master of Science program (offered in and from California since 1981) focuses on science education rather than "religion," one may ask--why is the Texas Religious Freedom Restoration Act relevant to a lawsuit that is mostly about interference with academic speech (i.e., governmental censorship of academic freedom and free speech as applied to a private school's academic curriculum)?

Although the answer is more complicated than this (due to technicalities of the applicable laws), one of the main issues is this: If the THECB's decision-making process, as shown by the relevant government records, shows that the government officials perceived that they were prohibiting a curriculum because of "religion" (as opposed to "science"), then the officials' conduct is viewed as government interference with religion.

In the federal case, ICRGS has asked for the judge to rule against all of the defendants: the state agency itself (THECB), its commissioner, and those THECB board members who voted to ban ICRGS's degree program from Texas.

The commissioner was deposed in April 2010, and at the time appeared to have difficulty recognizing that the medical MRI invention, used in modern hospitals, was an example of true medical science (perhaps because it illustrates how creationists do "real science").3 During the deposition--which lasted about six hours--the commissioner repeatedly testified that he was not an expert in science and seemed unsure how "science" is defined, yet he nonetheless stuck with his conclusion that ICRGS's science education curriculum (which focuses on geology, biology, and astro/geophysics) was based on "religion," not "science."

The other case, an administrative appeal, is scheduled for trial in late August before an administrative law judge in the Texas State Office of Administrative Hearings. This trial will focus on state law matters, not the THECB's constitutional law violations.

Of course, lawsuits have many "moving parts," so what occurs after this article goes to press cannot be predicted. ICR encourages your prayers that God will be honored,4 justice will be applied, and academic freedom will be safeguarded in and through these upcoming trials.

References

  1. Morris III, H. 2008. Where Has Academic Freedom Gone in Texas? Acts & Facts. 37 (6): 9; Johnson, J. J. S. 2009. Censorship in Texas: Fighting Academic and Religious Discrimination. Acts & Facts. 38 (5): 18.
  2. An administrative appeal petition was previously filed in May 2008.
  3. General Electric Co. v. Fonar Corp. and Damadian, 522 U.S. 908, 118 S.Ct. 266 (1997), denying certiorari to Fonar Corp. and Damadian v. General Electric Co., 107 F.3d 1543, 41 U.S.P.Q.2d 1801 (1997) (reversing JNOV and reinstating a jury verdict of $35,000,000.00 for GE's infringement of inventor Dr. Raymond V. Damadian's medical MRI invention patent).
  4. 1 Corinthians 10:31.

* Dr. Johnson is Special Counsel for the Institute for Creation Research.

Cite this article: Johnson, J. J. S. 2010. Our Day in Court. Acts & Facts. 39 (6): 22.

The Latest
NEWS
Lowly Spider Inspires Amazing 3D Camera
Who would have thought that an extremely energy-efficient 3D camera is in a large part due to a tiny jumping spider? Engineers at Northwestern University...

NEWS
Hot Water, Cracked Rock, but No Life
Could an asteroid impact really spark life? A recent AGU Advances paper says early asteroid impacts might have cracked Earth’s crust and made...

NEWS
Creation Advocate Mike Riddle Goes Home to Be with the Lord
by Randy J. Guliuzza, P.E., M.D., and Jake Hebert, Ph.D.* Following a lengthy illness, Mike Riddle, founder and president of Creation Training Initiative...

NEWS
When DNA Stop Signs Change Their Message
Imagine an intersection where the red stop sign suddenly means, “Right turn only.” Most drivers wouldn’t reach their destinations...

NEWS
August Wallpaper
"The heavens declare the glory of God; and the firmament shows His handiwork"  (Psalm 19:1, NKJV) ICR's August 2026...

NEWS
Helium in Exoplanet's Atmosphere: Apparent Evidence of Youth
The prestigious journal Science has published evidence that a planet orbiting a red dwarf star has an atmosphere.1,2 This extrasolar planet,...

CREATION PODCAST
Christian Geologist: I Studied Rocks for 13 Years - What I Found...
Geologist Dr. Tim Clarey spent 13 years digging into rock layers from every continent on Earth, and what he found doesn't match what most people were taught...

NEWS
Giant Fossil Shark Consistent with Extreme Pre-Flood Longevity
Paleontologists recently rediscovered the largest known set of vertebrae from the giant fossil shark Otodus megalodon, popularized by The Meg movies...

NEWS
Faster Chemistry Is Not the Same as Life
A pile of metal, wires, and computer chips will not assemble itself into a working airplane. The parts may have useful properties, but they still need...

NEWS
Fearsome Cleveland Fossil Is Still a Fish
According to evolutionary theory, fish went through a variety of forms until they evolved into the fish we see swimming today. Recently, what conventional...