Originally created 12/22/05

Let us be the judge of that



Judges are defining marriage. They're trying to tell us whether we can acknowledge God in public places. They're telling businesses how to hire and fire. They're overturning public votes and legislative actions.

In Nevada, the courts ordered legislators to approve a $1 billion tax increase by a simple majority - even though voters there had amended their constitution to require a two-thirds majority to increase taxes.

They've passed judgment on the Professional Golfers' Association rules; made themselves the gatekeepers of constitutions, so as to prevent citizens from amending constitutions without the courts' prior approval.

And now the courts are telling schools and school boards what they can and cannot teach.

Where will it end?

The notion of whether to teach the theory of intelligent design in science classes is secondary to the question of whether the courts should even be deciding the matter.

The answer is a resounding no.

U.S. District Judge Clarence Cooper last January decided he, not the Cobb County Board of Education, should decide what students in Cobb County should know about evolution. The board had put disclaimers on textbooks reminding students that "Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully, and critically considered."

That, Cooper ruled, was illegal! Thankfully, an appeals court panel seems to be taking a dim view of the judge's ruling.

More recently, U.S. District Judge John E. Jones III declared from on high that the Dover (Pa.) Area School Board had violated the U.S. Constitution when it decided its biology curriculum should include the theory that the universe had an intelligent designer.

Again, whether that decision is right or wrong is now second in importance to who should be making these choices - judges or elected school board members.

What gives the courts jurisdiction over such matters in the first place? If judges can decide such things for school boards, then none of our actions are safe from judicial review and tampering.

And that's frightening.



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