A decision in the COPE appeal

04.20.2016

The creationist lawsuit seeking to reverse Kansas's 2013 decision to adopt the Next Generation Science Standards on the grounds that the state thereby "establish[ed] and endorse[d] a non-theistic religious worldview" failed again on April 19, 2016, when the Tenth Circuit Court of Appeals upheld the district court's dismissal of the case, COPE et al. v. Kansas State Board of Education et al.

The court's decision (PDF) mainly addressed the question of standing, agreeing with the district court that the plaintiffs lacked standing to assert any of their claims. Interestingly, though, the decision observes in a footnote that COPE's suggestion for "teleological" explanations to be added to the standards would be unconstitutional.

As NCSE previously reported, the lead plaintiff, COPE, Citizens for Objective Public Education, is a relatively new creationist organization, founded in 2012 but its leaders and attorneys include people familiar from previous attacks on evolution education across the country, such as John H. Calvert of the Intelligent Design Network.

The NGSS have been adopted in eighteen states — Arkansas (so far only for middle school), California, Connecticut, Delaware, Hawaii, Kansas, Kentucky, Illinois, Iowa, Maryland, Michigan, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, and West Virginia — plus the District of Columbia. The treatment of evolution and climate science in the standards occasionally provokes controversy, but COPE v. Kansas is the only lawsuit to have resulted.