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A legal defeat for the ICR

The Institute for Creation Research suffered a significant legal defeat in its lawsuit over the Texas Higher Education Coordination Board's 2008 decision to deny the ICR's request for a state certificate of authority to offer a master's degree in science education from its graduate school. A June 18, 2010, ruling in the United States District Court for the Western District of Texas found (PDF, p. 38) that "ICRGS [the Institute for Creation Research Graduate School] has not put forth evidence sufficient to raise a genuine issue of material fact with respect to any claim it brings. Thus, Defendants are entitled to summary judgment on the totality of ICRGS's claims against them in this lawsuit."

As NCSE's Glenn Branch explained in Reports of the NCSE, "When the Institute for Creation Research moved its headquarters from Santee, California, to Dallas, Texas, in June 2007, it expected to be able to continue offering a master's degree in science education from its graduate school. ... But the state's scientific and educational leaders voiced their opposition, and at its April 24, 2008, meeting, the Texas Higher Education Coordination Board unanimously voted to deny the ICR's request for a state certificate of authority to offer the degree." Subsequently, the ICR appealed the decision, while also taking its case to the court of public opinion with a series of press releases and advertisements in Texas newspapers.

The issue was not, strictly speaking, about accreditation, but about temporary state certification, which would have enabled the ICR graduate school to operate while it sought accreditation. When in California, the ICR graduate school was accredited by the Transnational Association of Christian Colleges and Schools, which requires candidate institutions to affirm a list of Biblical Foundations, including "the divine work of non-evolutionary creation including persons in God's image." TRACS is not recognized by the state of Texas, however, and after the ICR moved from Santee, California, to Dallas, Texas, the ICR expressed its intention to seek accreditation from the Southern Association of Colleges and Schools.

Finally, the ICR filed suit against THECB in 2009, accusing it and its members of imposing "an unconstitutional and prejudicial burden against ICRGS's academic freedom and religious liberties." The prolix style of the ICR's initial complaint — which the Dallas Observer (April 20, 2009) quipped "reads kind of like stereo instructions" — was apparently continued in its subsequent documents; the court complained, "It appears that although the Court has twice required Plaintiff to re-plead and set forth a short and plain statement of the relief requested, Plaintiff is entirely unable to file a complaint which is not overly verbose, disjointed, incoherent, maundering, and full of irrelevant information" (p. 12).

In summary, the ICR claimed that THECB's actions violated its rights to free exercise, free speech, and equal protection, its rights to procedural and substantive due process, and its rights under the Texas Religious Freedom Restoration Act, as well as that "Standard 12" — the civil regulation on which THECB's decision was based (19 Texas Administrative Code sec. 7.4(14)) — was vague. The court found merit in none of these claims. With respect to the free exercise claim, for example, the court found that "the Board’s decision was rationally related to a legitimate governmental interest, and there is no evidence the decision was motivated by animus toward any religious viewpoint" (p. 24).