AROUND THE STATES

'Intelligent Design' Challenged In Pa. Public School

Americans United for Separation of Church and State and the Americans Civil Liberties Union of Pennsylvania are challenging in federal court the promotion of "intelligent design" in public school classrooms.

In October, Pennsylvania's Dover Area School Board ruled that biology teachers must present "intelligent design" (ID) as an alternative to the scientific theory of evolution. The lawsuit filed in federal court on Dec. 14 on behalf of 11 parents is the first one to challenge the use of ID in public school science classes. ID, the latest variant of creationism, is an assertion that an intelligent supernatural entity has intervened in the history of life.

"Public schools are not Sunday schools, and we must resist any efforts to make them so," said Barry W. Lynn, executive director of Americans United, in a press statement about the lawsuit. "There is an evolving attack under way on sound education, and the school board's action in Dover is part of that misguided crusade. 'Intelligent design' has about as much to do with science as reality television has to do with reality."

The two groups' lawsuit, Kitzmiller v. Dover Area School District, argues that teaching religious concepts in public school science courses entangles government with religion, violating the First Amendment.

In 1987, the U.S. Supreme Court ruled in Edwards v. Aguillard that the belief that a supernatural creator is responsible for the origins of humankind is a religious one and cannot be taught in public school science classes. (For more about this topic, see next month's issue of Church & State.)

AmeriCorps Program Shouldn't Promote Religion, AU Argues

Americans United for Separation of Church and State has urged a federal appeals court to rule against a publicly funded AmeriCorps program that allows teachers to offer religious instruction at sectarian schools.

The AmeriCorps program provides stipends called "national service education awards" to individuals for work at certain locations around the country, including religious schools. A U.S. district court ruled July 2 in American Jewish Congress v. Corporation for National and Community Service that the arrangement violates the First Amendment. The federal government appealed the ruling to the U.S. Court of Appeals for the District of Columbia Circuit.

Americans United filed a friend-of-the-court brief Nov. 22, opposing the religious subsidies in the AmeriCorps program.

"Here, religious institutions actually use AmeriCorps participants and grant funds for religious instruction and activities," reads AU's brief. "The government has failed to create an effective system for monitoring how the aid is used. The aid consists of religious instructors who have received religious training for faith-based institutions. And the instructors perform core teaching functions at parochial school."

Bills Let Pharmacists Refuse Birth Control Prescriptions

A growing number of states arc considering laws that allow pharmacists to deny birth control prescriptions based on their religious objections.

In early November, USA Today reported that several states arc moving to permit pharmacists who cite moral qualms about certain drugs or medical procedures to refuse to fill prescriptions for patients.

The newspaper noted that Mississippi enacted a law that allows health care providers, including pharmacists, to refuse to provide medical services that offend their religious beliefs. South Dakota and Arkansas have similar laws and 10 other states considered such bills in 2004.

Gloria Feldt, president of Planned Parenthood Federation of America, told the newspaper that the "explosion" of the number of states considering such laws "is astonishing."

The Fort Worth Star-Telegram reported in late November that the Texas legislature would consider in its 2005 session a measure that would let pharmacists refuse to dispense some birth control medication. According to the newspaper, the introduction of the bill may have been prompted by a situation in early 2004 where pharmacists at an Eckerd Drug Store in Denton were fired for denying a prescription for a morning-after pill to a rape victim.

Sen. Santorum Benefits From Charter School Aid

Sen. Rick Santorum (R-Pa.) removed his five children from an online charter school in Pennsylvania after questions were raised about taxpayer support of their tuition.

In mid November, a Penn Hills School Board member called on Santorum to reimburse $100,000 to the school district for public funds used since 2001 to pay for the Santorum children's tuition at a Pennsylvania online charter school. Under state law, the public school district in which a student lives must pay the cost of students enrolled in cyber charter schools.

Erin Vecchio argued that Santorum did not reside with his children in the district and should not have been eligible for the public support. The Associated Press reported that despite owning a home in Penn Hills, the Santorums live in Leesburg, Va.