ACSI et al. v. Stearns et al.

On August 25, 2005, the Association of Christian Schools International, the Calvary Chapel Christian School in Murrieta, California, and six students at the school filed a lawsuit against the University of California. The plaintiffs objected to the UC policy of rejecting certain high school biology classes from Christian schools as "inconsistent with the viewpoints and knowledge generally accepted in the scientific community;" they claimed that this policy violated applicants' rights to "freedom of speech, freedom from viewpoint discrimination, freedom of religion and association, freedom from arbitrary discretion, equal protection of the laws, and freedom from hostility toward religion."

On August 8, 2006, Judge S. James Otero dismissed the claims against individual UC officials, but allowed the claims against the university system as a whole to proceed. On March 28, 2008, Judge Otero ruled in favor of UC's motion for partial summary judgment, which established that the university system's admissions policies were constitutional; on August 8 of that year, he further ruled that these policies were properly and constitutionally applied in the case of the applicants in question.

The plaintiffs immediately appealed the case, but in a January 12, 2010, ruling, the Ninth Circuit Court of Appeals affirmed the federal district court's summary judgment; the Supreme Court declined to review the case on October 12, 2010, bringing it to a definitive end.

All the legal documentation available to us for this case is provided at the bottom of this page. It is arranged in chronological order.

Key Documents



Related NCSE Articles


News: University of California system sued over creationism

News: Creationist lawsuit against UC system to proceed?

News: Creationist lawsuit against UC system to proceed

News: Interim victory in California creationism case

News: Victory in California creationism case

News: What's new in ACSI v. Stearns

News: Victory again in California creationism case

News: The end of ACSI v. Stearns

Related Off-Site Material


University of California Newsroom page on ACSI v. Stearns

Nick Matzke, at The Panda's Thumb: ACSI v. Stearns, aka Wendell Bird vs. UC

Mike Dunford, at The Questionable Authority:
AttachmentSize
8/25/05: Original Complaint1.62 MB
8/26/05: Standing Order for case569.27 KB
10/7/05: Stipulation and order106.09 KB
10/20/05: Stipulation and order141.34 KB
11/02/05: Order29.61 KB
12/12/05: UC Motion to Dismiss1.51 MB
12/12/05: UC brief supporting Motion to Dismiss406.15 KB
12/12/05: ACSI Response to UC Motion to Dismiss1.57 MB
3/16/06: Notice of telephone conference between court and counsel18.84 KB
8/8/2006: Court order on Motion to Dismiss986.41 KB
8/25/2006: Stipulation and order for dismissal of defendant130.26 KB
10/27/06: Approval of additional plaintiffs24 KB
1/4/07: Order on substitution of defendant105.88 KB
1/30/07: Notice of Document Discrepancies47.5 KB
2/22/07: Stipulation and order on addition of defendant132.51 KB
3/2/07: Recusal of judge and order to reassign case24.75 KB
4/2/07: Expert Witness Report of Michael Behe in support of ACSI2.57 MB
4/3/07: Civil minutes on ACSI's Motion to Compel73.25 KB
4/26/07: Expert Witness Report of Francisco Ayala for UC1.49 MB
5/7/07: Expert Witness Report of Michael Kirst for UC7.68 MB
5/5/07: Expert Witness Report of Robert Sharf for UC1.13 MB
5/7/07: Expert Witness Report of John Douglass for UC1.42 MB
5/7/07: Expert Witness Report of Gary Nash for UC2.19 MB
5/7/07: Expert Witness Report of Mark Petracca for UC1.69 MB
5/7/07: Expert Witness Report of Donald Kennedy for UC896.35 KB
5/15/07: Expert Witness Report of Samuel Otter for UC1.24 MB
6/15/07: Stipulation and order for summary judgment136.15 KB
8/30/07: Civil minutes on order granting leave to file Brief of Amicus Curiae42.32 KB
9/11/07: Stipulation and order on deadline for Amicus Opposition136.22 KB
9/24/07: UC memorandum in support of Motion for Summary Judgment2.03 MB
3/28/08: Court opinion and ruling granting UC's Motion for Summary Judgment2.86 MB
6/18/08: Affidavit by Michael Behe in support of ACSI1.48 MB
8/8/08: Court opinion and ruling granting UC's Motion for Summary Judgment on ACSI's %22as-applied%22 claims58.3 KB
8/12/08: Notice of appeal136.31 KB
8/12/08: Court order setting time schedule42.3 KB
8/21/08: Court order denying mediation25.3 KB
9/24/08: Notice of appearance of ACSI counsel30.33 KB
1/26/09: ACSI brief of appeal1.72 MB
2/2/09: UC court transcript designation form153.13 KB
2/2/09: Brief of Amicus Curiae for ACSI--ACLJ, Catholic League et al.129.31 KB
2/4/09: Motion for leave to file Brief of Amicus Curiae for ACSI53.38 KB
2/2/09: Motion for leave to file brief of Amicus Curiae for ACSI19.65 KB
2/4/09: Brief of Amicus Curiae for ACSI--National Legal Foundation169.81 KB
2/9/09: UC motion to extend time for filing responsive brief22.46 KB
2/9/09: Court orders on UC brief deadline and motion for leave to file amicus brief for ACSI25.4 KB
2/9/09: Notice of appearance of UC counsel23.27 KB
4/10/09: UC responsive brief248.75 KB
4/20/09: Court order to resubmit Brief of Amici Curiae for UC33.64 KB
4/21/09: Brief of Amici Curiae for UC and motion to file--California Council of Science and Technology172.1 KB
4/20/09: Brief of Amici Curiae for UC--American Historical Association & Organization of American Historians107.52 KB
4/21/09: Brief of Amici Curiae for UC--California State University and University of Nevada Las Vegas123.48 KB
4/21/09: Motion for leave to file Brief of Amicus Curiae for UC109.51 KB
4/21/09: Motion for leave to file Brief of Amici Curiae for UC33.94 KB
4/21/09: Brief of Amicus Curiae for UC--American Association of University Professors332.65 KB
4/20/09: Motion to file Brief of Amici Curiae for UC56.42 KB
5/8/09: ACSI reply brief764.64 KB
1/11/10: Order filing unfiled amicus briefs30.1 KB
3/1/10: Order denying the appellants' petition for rehearing by the court en banc48.68 KB
3/9/10: Mandate and Memorandum409.79 KB
3/17/10: Order48.16 KB