...The approach to teaching "creation science" and evolution science" found in Act 590 is identical to the two-model approach espoused by the Institute for Creation Research and is taken almost verbatim from ICR writings. It is an extension of Fundamentalists' view that one must either accept the literal interpretation of Genesis or else believe in the godless system of evolution....

In addition to the fallacious pedagogy of the two model approach, Section 4(2) lacks legitimate educational value because "creation science" as defined in that section is simply not science. Several witnesses suggested definitions of science. A descriptive definition was said to be that science is what is 'accepted by the scientific community" and is "what scientists do." The obvious implication of this description is that, in a free society, knowledge does not require the imprimatur of legislation in order to become science.

More precisely, the essential characteristics of science are:

(1) It is guided by natural law;
(2) It has to be explanatory by reference to natural law;
(3) It is testable against the empirical world;
(4) Its conclusions are tentative, i.e., are not necessarily the final word; and
(5) It is falsifiable. (Ruse and other science witnesses).

Creation science as described in Section 4(a) fails to meet these essential characteristics....

Creation science, as defined in Section 4(a), not only fails to follow the canons defining scientific theory, it also fails to fit the more general descriptions of "what scientists think" and "what scientists do." The scientific community consists of individuals and groups, nationally and internationally, who work independently in such varied fields as biology, paleontology, geology and astronomy. Their work is published and subject to review and testing by their peers. The journals for publication are both numerous and varied. There is, however, not one recognized scientific journal which has published an article espousing the creation science theory described in Section 4(a). Some of the State's witnesses suggested that the scientific community was "close-minded" on the subject of creationism and that explained the lack of acceptance of the creation science arguments. Yet no witness produced a scientific article for which publication had been refused. Perhaps some members of the scientific community are resistant to new ideas. It is, however, inconceivable that such a loose knit group of independent thinkers in all the varied fields of science could, or would, so effectively censor new scientific thought.

... The methodology employed by creationists is another factor which is indicative that their work is not science. A scientific theory must be tentative and always subject to revision or abandonment in light of facts that are inconsistent with, or falsify, the theory. A theory that is by its own terms dogmatic, absolutist and never subject to revision is not a scientific theory.

The creationists' methods do not take data, weigh it against the opposing scientific data, and thereafter reach the conclusions stated in Section 4(a). Instead, they take the literal wording of the Book of Genesis and attempt to find scientific support for it....

The Court would never criticize or discredit any person's testimony based on his or her religious beliefs. While anybody is free to approach a scientific inquiry in any fashion they choose, they cannot proplerly describe the methodology used as scientific, if they start with a conclusion and refuse to change it regardless of the evidence developed during the course of the investigation.

Excerpts from McLean v. Arkansas Board of Education, 529 F. Supp. 1255

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