Creationist Represents Himself in a Silly Lawsuit

A creationist from West Virginia has filed a federal lawsuit claiming that the teaching of evolution in public schools violates the “established clauses” (he probably means the Establishment Clause) because evolution is a religion. I probably don’t need to bother mentioning that he’s representing himself, though he’s not a lawyer.

A parent of a Jefferson County student has filed a federal lawsuit against local, state and federal education officials claiming the teaching of evolution, which he says is a religion, violates his child’s Constitutional rights.

Kenneth Smith, who is representing himself, filed the four-page federal lawsuit in U.S. District Court for the Northern District of West Virginia against the Jefferson County Board of Education, state Superintendent Michael Martirano, National Institute of Health director Francis Collins, U.S. Secretary of Education Arne Duncan and the U.S. Department of Education…

Smith alleged education officials violated the U.S. Constitution because he claimed they are “propagating” a religious faith in public schools.

“Their actions during the 2014-2015 school year affects my child’s future directly through the state grading system to enter college and the ability to earn economic security and a good job in her chosen veterinarian medical field of work, by being taught a faith base (evolutionary ideology) that just doesn’t exist and has no math to back it,” Smith’s lawsuit said.

Smith said officials “refused to cease” their violations.

Imagine that. The NCSE reports that he’s the author of a creationist book on human origins. And there’s this:

In his complaint, Smith contends that the defendants “wrongfully violated established clauses” — presumably a reference to the Establishment Clause — in continuing to allow evolution to be taught “[w]hile denying the Plaintiff’s accurate scientific mathematical system of genetic variations that proves evolution is a religion.”

Shall we start a pool on how long it will take the judge to dismiss this case? I’ll take 4.8 seconds after he reads it.

POPULAR AT PATHEOS Nonreligious
What Are Your Thoughts?leave a comment
  • Synfandel

    You think the judge will read the whole suit?

  • D. C. Sessions

    Well, he’s right.

    EVERYTHING is a religion. Except, of course, Christianity (which is a personal relationship with Jesus).

  • Larry

    Does West Virginia accept lawsuit filings written in crayon?

  • D. C. Sessions

    Synfandel, a judge’s time is very scarce.

    That’s what clerks are for.

    My guess: clerk gets to do all of the stuff with “no authorities” and such. Judge reviews and signs.

  • John Pieret

    You think the judge will read the whole suit?

    It’s not like it will take him/her long … its only 4 pages:

    http://ncse.com/files/1-main.pdf

    And that book of his is something else. You see Adam and Eve were 100% white and 100% human … and things would have stayed that way … except Cain started fooling around with some apes …

    http://www.amazon.com/The-True-Origin-Kenneth-Smith/dp/1475989660

  • http://www.clanfield.net janiceintoronto

    Please be sure to follow up on this. I want to hear the judge’s side of things.

    Should be hilarious.

  • daved

    @2 D. C. Sessions

    EVERYTHING is a religion. Except, of course, Christianity (which is a personal relationship with Jesus).

    And Islam, which is actually a political system and not a religion at all.

  • caseloweraz

    John Pieret: And that book of his is something else.

    Self-published, of course. I knew it before I looked. I must be psychic.

    Three customer reviews, a score of 2.0. Even the four-star rating is that high only because it finds the book hilarious, like those B-movies we love to deride. Apparently Smith’s lawsuit was motivated because he thinks the West Virginia schools, by teaching his daughter about evolution, somehow prevented her from becoming a veterinarian.

  • scienceavenger

    … the Plaintiff’s accurate scientific mathematical system of genetic variations that proves evolution is a religion.

    Where to start. First off, no math can prove anything is a religion. Second, how would a mathematical system of genetic variation do this? Sounds like it’d have the opposite implications. And what would that be anyway? Show me the math!

  • scienceavenger

    @8 Apparently Smith’s lawsuit was motivated because he thinks the West Virginia schools, by teaching his daughter about evolution, somehow prevented her from becoming a veterinarian.

    As I’m sure you know, that’s not as out there as it may sound. Vets make a lot of evolution-based judgements when doing work with species they lack much experience with: treat a wolf like a big dog, an oryx like a funny looking cow, etc. From a creationist POV, they’d be completely in the dark.

  • raven

    Imagine that. The NCSE reports that he’s the author of a creationist book on human origins.

    Should be a short book. One word.

    Goddidit!!!

    Next up. Why the sky is blue. It’s also one word. That starts with a G.

  • llewelly

    I read part of his book a few days ago. That was disturbing.

  • Paul Neubauer

    I don’t think 4.8 seconds is enough time for the judge to stop laughing long enough to sign the dismissal.

  • dingojack

    Raven (#11) – ‘Gompton Scattering’?

    :) Dingo

  • dingojack

    I would make fun of his poor grasp of the English language, but that would hardly be fair as it’s clear that English is his third language – after ‘Homeskool’ and ‘Fundie’.

    Dingo

  • http://zenoferox.blogspot.com/ Zeno

    The cover of his book notes that Adam and Eve were both !00% human (good to know) and 100% white. This matches perfectly with my catechism book from the fifties, so it must be true.

  • abb3w

    A spot check of his book doesn’t show a lot of math, particularly when compared to Crow and Kimura’s An Introduction to Population Genetics Theory. A large part of it is pure F/SF.

    I suspect he’ll be dismissed in part from failure to state a comprehensible claim, and for attempting to represent another. (Point 5 might be a valid claim, but would have to be asserted by a representative of the child; apparently, non-lawyers cannot legally represent someone else in court, even a parent speaking for their child.)

  • Kermit Sansoo

    It will take the judge at least a minute to wonder how a “scientific mathematical system of genetic variations” [can prove] “evolution is a religion.”

    .

    Then another minute to stop laughing after realizing that he is blaming his daughter’s failure to get into vet school is a result of her being taught science (however little it probably was).

    .

    He also claims that evolutionary “ideology” has “no math to back it up”. There are textbooks, journals, and PhDs in evolutionary mathematics.

  • http://itsmyworldcanthasnotyours.blogspot.com WMDKitty — Survivor

    Thus proving the old saying correct: A man who is his own lawyer has a fool for a client.