1 A I think that they pretend to be scientific and they

2 are not going to be scientific at all. They know they are

3 not going to be scientific. And I think that they are

4 putting up a facade of being scientific when they know

5 perfectly well that they are pushing a religious belief.

6 Q Do you have any examples of the dishonesty of

7 creation science?

8 A Well, again, it's— Well, I think, for example,

9 they take things out of context like this. I think that's

10 dishonest.

11 I think, for example, in Morris' book, Scientific

12 Creationism, where they are talking about homologies.

13 They deal with it somewhat dishonestly. It's a general

14 position.

15 Q Doctor Ruse, do you have an opinion to a reasonable

16 degree of professional certainty about whether creation

17 science is science?

18 A Yes, I do.

19 Q And what is that opinion?

20 A That it is not science.

21 Q What do you think it is?

22 A Well, speaking as a philosopher and speaking, also,

23 as one who teaches philosophy of religion, I would say

24 that it is religion.

25 MR. NOVIK: Your Honor, I have no further questions.


1 THE COURT: We will take a recess until 10:30.

2 (Thereupon, Court was in recess from 10:15 a.m. to 10:38

3 a.m.)




6 Q Doctor Ruse, isn't it true the last time you were

7 actually enrolled in a course in biology was at the age of

8 approximately thirteen or fourteen?

9 A Probably more like thirteen or fourteen.

10 Q That's what I said, thirteen or fourteen.

11 A Yes.

12 Q And you have not made any independent examination of

13 the scientific data to determine whether there are

14 scientific evidences which support creation science, have

15 you?

16 A No.

17 Q You stated that all scientists that you were aware

18 of believed that evolution happened?

19 A Yes.

20 Q Do all scientists that you are aware of believe that

21 life evolved from non-life?

22 A No.

23 Q So to the extent that's part of evolution, all

24 scientists don't agree with that, do they?

25 A Well, to the extent that's evolution. But of


1 A (Continuing) course, as I said in my, earlier on, I

2 don't conclude that in evolution. I say I don't. I don't

3 think that evolutionists do.

4 Q Do not some scientists include that?

5 A Well, creation scientists.

6 Q Do not some scientists say that life emerged from

7 non-life?

8 A Well, the word "emerged", of course, is a bit of a

9 funny word.

10 Q Evolved, I'll use that word.

11 A Certainly some scientists would say that. But as I

12 said, that's not necessarily part of the theory of evolu-

13 tion.

14 Q But it is a scientific theory, nonetheless, isn't it?

15 A Well, it's a scientific hypothesis.

16 Q It is science?

17 A Yes.

18 Q And do some scientists say that, or have theories

19 about how the universe was formed?

20 A They do.

21 Q And is that science?

22 A Yes.

23 Q How it was formed initially? The ultimate origin of

24 the universe?

25 A Well, you know, you'd have to tell me what exactly


1 A (Continuing) they are saying at a particular time.

2 I mean, scientists, a lot of them are very religious, and

3 certainly, I'm quite sure that some scientists have made

4 claims that I would certainly judge to be religious and

5 have then gone on to make scientific claims.

6 Q Are you aware of what is commonly referred to as

7 "the big bang theory"?

8 A I've certainly heard of it, but, no, this isn't my

9 area of expertise.

10 Q I understand that. But you consider that to the

11 degree that you are aware of the theory to be a scientific

12 hypothesis?

13 A To the degree that I'm aware of it, yes.

14 Q Does the theory of evolution state exactly where man

15 evolved from?

16 A Not really. The theory of evolution shouldn't be

17 confused with sort of phylogeny, the actual path of evolu-

18 tion.

19 A theory is something to do with the actual causes, the

20 processes, rather than what actually happened right down

21 the line like that.

22 Now, certainly, I would say that evolutionists today

23 believe that man evolved naturally. And I'm sure we all

24 know that there is an awful lot of speculation about how

25 this occurred.


1 A (Continuing) But I wouldn't have said that the

2 actual point at which man evolved was part of the theory,

3 per se. It's something that you are going to try to

4 explain through the mechanisms.

5 Q You mentioned, I believe, was it Kant, is that

6 correct?.

7 A K-a-n-t. Immanuel Kant.

8 Q And he spoke of, perhaps, evolution of the world

9 from some sort of clouds?

10 A Right.

11 Q Would you consider that to be a scientific hypothe-

12 sis?

13 A Well, I'd say it's a scientific hypothesis.

14 Certainly at that point it wasn't much more. In the

15 nineteenth century, quite a bit of work was done on the

16 nebular hypothesis, and certain aspects of it seemed to

17 work and others didn't.

18 Q So again, that is science?

19 A Yes. I would want to say so, yes. At least I would

20 want to say that it was something which could be dealt

21 with as science.

22 Q So generally, then, in terms of looking at theories

23 of origin, we are talking about ultimate origins of the

24 universe, the planet earth, and of life; that there are

25 what you consider to be theories or hypotheses of science


1 Q (Continuing) which address these questions. Is

2 that correct?

3 A No. I don't like your words "ultimate origins". I

4 think you are trying to slip that one in there.

5 Talking of origins, yes, I think that they can be

6 scientific theories. If you're going to start talking

7 about ultimate origins in the sense of where did it all

8 begin way back when; start wondering what was before time

9 started, then I don't see that this is necessarily going

10 to be scientific at all.

11 Seems to me you are really getting into metaphysics or

12 religion.

13 Q In other words, when you say ultimate, do you

14 consider that to mean, for example, where matter came

15 from, the inorganic matter from which life later evolved?

16 A I think you certainly could. But you are talking

17 about the nebular hypothesis, for example.

18 Now, Kant, as it were, took the gases. I mean, he said,

19 "Look, we start with these gases, and there seems to be

20 evidence of these. Now, how could these, as it were,

21 develop into a universe like ours?"

22 Now, in that sort of sense of origin, I would say that

23 we could certainly have a scientific theory; we can have

24 a hypothesis. I'm not sure, though, that I'd want to talk

25 about that as ultimate origins.


1 Q I understand that your theory of evolution, as you

2 have articulated in your testimony here today, takes life

3 as a given; that there was life?

4 A Well, it's not my theory.

5 Q Well, the one that you have articulated and we have

6 adopted?

7 A Yes. I would say it takes life as a given. I'm

8 certainly not denying it, but there is going to be obvious

9 interests in, well, where did life come from before that.

10 Q And that can be a question of science?

11 A It certainly can, yes. Not that it can be, but

12 certainly is.

13 Q Then how can we, first of all, test those theories?

14 For example, the nebular hypothesis, how the world was

15 formed from clouds.

16 A Well, do you mind if we talk about how we test, say,

17 a theory, a biological theory, because, as I say, my area

18 of expertise is not positive physics.

19 Q But you have said this is a science theory, so I'd

20 like to know how—

21 A Sure. Well, what you're going to do is a number of

22 things. First of all, for example, with nebular hypoth-

23 esis, you might see, for example, whether it's happening

24 elsewhere in the universe, whether something analogous is

25 occurring. That's one way. It's sort of a natural


1 A (Continuing) experiment.

2 Alternatively, what you might try to do is run some

3 controlled experiments of your own. I mean, for example,

4 you might try to set up some sort of model which you think

5 in some respects is very similar, and then sort of run it

6 and see whether this comes out.

7 Today, obviously, you are going to be working with, say,

8 computer simulated models and so on and so forth. I mean,

9 clearly you are not going to go back to the original point

10 in time of our universe and start again and see if it

11 works.

12 Q Why not?

13 A Well, because we don't have time machines.

14 Q You can't do it?

15 A You can't do it. That doesn't mean to say that it's

16 not scientific or that the scientists can't make any

17 scientific claims about it.

18 And of course, to continue, this is the sort of thing

19 which is occurring today on the origins of life. This is

20 the sort of work scientists are doing, running experi-

21 ments, what they think would be closely analogous, these

22 sorts of things, looking for evidences.

23 Q Closely analogous?

24 A Closely analogous. What they think would be closely

25 analogous.


1 Q How it might have happened?

2 A Well, yes. I mean, the point is, look, we were not

3 there to see it happen. I mean, if we had been, I doubt

4 if you and I would be arguing like — well, we're not

5 arguing — talking like we are at the moment.

6 But what the scientist is going to do is clear up some

7 sort of hypothesis. For example, suggestion that maybe

8 the earth originally had certain gases, certain sorts of

9 compounds, certain sorts of electrical discharges and so

10 on and so forth.

11 Now, the hypothesis is that if you start with something

12 like this, then possibly way down the road, life might be

13 naturally produced.

14 And so you are going to start to think about the sorts

15 of stages in which life might be produced. First of all,

16 you are going to start with inorganic molecules, and then

17 put these people together into, say, amino acids or

18 certain more complex models, so on and so forth.

19 And what the scientist is going to do, what scientists,

20 in fact, have done is say, "Okay, here's my hypothesis.

21 Let's try running experiments to see if this works. Let's

22 mix these various compounds together; let's put some

23 electric sparks through; let's see if the sorts of things

24 that I would like to see occur, my hypothesis predicts,

25 do, in fact, attain."


1 A (Continuing) This, of course, is what they've done,

2 and sometimes it hasn't worked. But sometimes it

3 certainly has.

4 Q How do scientists know what gases there were when

5 the world or the earth was formed?

6 A Well, there are various ways in which you can do

7 this. I mean, for example, you can study what there was,

8 you know, what's on other planets, what's on other

9 universes.

10 Q How do we know what was on this planet?

11 A Well, when we look at what the properties of the

12 earth are, these sorts of things, we can calculate what is

13 going to be thrown out from the sun or if something

14 exploded, what sorts of things are on our earth, what

15 sorts of things are on other planets, calculating with

16 gravity what sorts of things would have been lost, say,

17 from Jupiter or Mars but not from our earth, and so on and

18 so forth.

19 Q And from that we'd know what was on this planet?

20 A No. I don't think anybody is talking about 'we know

21 what's on this planet.' In fact, you may well know that

22 there's quite a controversy at the moment among scientists.

23 So again, I do want to emphasize I'm not a philosopher

24 of physics. But I read an article in Science I think

25 about this time last year where there's some controversy


1 A (Continuing) now about which, exactly which

2 processes or which products, in fact, were on earth.

3 But one's inferring back, as one always does, one is

4 working analogically from other planets and so on and so

5 forth.

6 Q So if we don't really know what the elements were,

7 how can we test or falsify that?

8 A Well, I think you are using the word "know" in

9 either `I know it or I don't know it.' It's sort of black

10 or white.

11 Now, I mean, there's a lots of sorts of shades of gray

12 in between. I mean, we've got certain sorts of

13 hypotheses, these sorts of things. Some things we know or

14 we feel more reasonably assured about than others.

15 And certainly if I've given the impression, for example,

16 that, what shall I say, of beliefs about the origination

17 of life here on earth, it's something that a scientist

18 today would want to claim, "Now I know; now there's no

19 doubt," then I'm sorry. I've certainly given a false

20 impression because that's not so.

21 This is the way that science works. You try out

22 hypotheses. You throw them up, you work with them. If

23 they seem to go for a while, then they enter as they were

24 in the community of science for a while.

25 If there seems to be things against them, then you put


1 A (Continuing) them on the back shelf, so on and so

2 forth.

3 Q You've stated that since shortly after Origin of

4 Species was published, evolution had never been

5 questioned, is that correct?

6 A No, I didn't say that. What I said was shortly

7 after the Origin of Species was published, credible

8 scientists, certainly scientists working in the field at

9 all interested in the topic — I'm not talking, now, about

10 creation scientists, obviously — were won over almost

11 completely to an evolutionary position.

12 Now, certainly, there were one or two old men who died

13 believing in sort of God's instantaneous creation. Adam

14 Safley, for example.

15 But my point and the point I certainly want to stand by

16 is that the scientific community was won over incredibly

17 rapidly, certainly, in Britain, which, of course, is what

18 I've written about most, but also, I think, in North

19 America to a great extent.

20 Now, for example, there's one well-known American, Swiss

21 American, Louie Agassiz, at Harvard who never became an

22 evolutionist. I think he died about 1872, 1873.

23 On the other hand, interestingly, his son, Alexander,

24 became quite a fervent evolutionist.

25 Q You stated, though, that in looking at Darwin's


1 Q (Continuing) Origin of the Species that all

2 scientists don't agree on natural selection. Some would

3 argue natural selection. Some would argue random factors

4 such as genetic drift. Is that correct?

5 A Well, no. Again, I didn't quite say that. What I

6 said was that there's quite a bit of debate both at the

7 time of Darwin and today about the causes of evolution.

8 My feeling is, and I think I can go so far as to say

9 that this is a very professional feeling, is that there

10 weren't many evolutionists who denied natural selection

11 role.

12 I think increasingly they've allowed natural selection

13 an important role. And I think — I say even today — I

14 think today that this would be general consensus that

15 natural selection is extremely important.

16 People from Darwin on have always said that there are

17 other causes, and there is quite a controversy today. But is

18 what is not often known is that there was a great contro-

19 versy at Darwin's time.

20 For example, Darwin's supposedly great supporter, T. H.

21 Huxley, who was well-known for getting up and debating

22 with the Bishop of Oxford, in fact, always had quite

23 severe doubts about the adequacy of selection.

24 Q Also, are not some scientists today arguing some-

25 thing which is commonly termed the "punctuated equilibrium


1 Q (Continuing) theory of evolution"?

2 A They certainly are. In fact, I can see at least two

3 or three of them right here today watching us. I hope

4 they are enjoying themselves.

5 Yes. Because they are punctuated equilibrists — I

6 suppose that's the sort of term — you might want to slap

7 a subpoena on them and find out exactly what they do

8 believe.

9 Because they believe it, I would say that they also

10 believe that selection is important. I mean, what they

11 are saying is selection is not everything.

12 Q And is one of the people who you would identify with

13 that group, in fact, one of the leading authorities on

14 that Stephen J. Gould, one of the plaintiffs' other

15 witnesses?

16 A Yes. And furthermore, I'd want to say one of the

17 most important and stimulating evolutionist writing today,

18 a man for whom I've got a great deal of admiration.

19 Q You've talked about how the creation scientists

20 quote evolutionists out of context, using one sentence.

21 Yet, if an evolutionist should quote a creation scientist

22 out of context, would that be any less dishonest, in your

23 opinion?

24 A I think that I would have to say that it would be no

25 less dishonest if one sort of played fast and loose with


1 A (Continuing) that point there.

2 Q And when you quote from some of the books you

3 mentioned earlier, specifically, Doctor Gish's book, you

4 didn't point out to the Court, did you, that Gish goes on

5 to talk about how neither, under the pure definition as

6 articulated by Karl Popper, neither evolution nor creation

7 science can qualify as a scientific theory?

8 A I thought it was—

9 Q Did you point that out? If you did, I didn't hear

10 it.

11 A Well, if you didn't hear it, then I expect I

12 probably didn't. But I, you know— Let me add very

13 strongly that I want to dispute the implication that I'm

14 being dishonest at this point.

15 My understanding was it wasn't evolution on trial here;

16 that it was, if you like, creation. That's the first

17 point. And secondly, as you know, I personally don't

18 necessarily accept everything that Popper wants to say.

19 So I've don't think that I've quoted Gish out of context

20 at all. I was asked to give an example of a passage in

21 scientific creationist writings where the scientific

22 creationists quite explicitly appeal to processes outside

23 the natural course of law.

24 Now, I'd be happy to reread it, but I think that's what

25 I did, and I think I did it fairly.


1 Q Doctor Ruse, you and I can agree, can we not, that

2 that book does specifically talk about how in the author's

3 opinion if you used the criteria which you have used this

4 morning of testability, falsifiability and the other

5 criteria, that neither creation science nor evolution

6 science can be classified as a scientific theory?

7 A I think we can agree on that. I think I can go

8 further and say that this is a very common claim by the

9 scientific creationists that neither side is— I mean, I

10 don't think they are altogether consistent at times.

11 I mean, for example, I've got a book by these people,

12 what is it, Kofahl and Segraves, who talk about a

13 scientific alternative to evolution.

14 Sort of on page one, on the cover, I'm told that it is

15 scientific. And then, you know, later on we're told,

16 well, neither is scientific. I mean, you know, to a

17 certain extent, pay your money, take your choice.

18 Q Don't the creation scientists make the claim that

19 creation science is as scientific as evolution science?

20 A Well, you know, it's like—

21 Q Excuse me. Can you answer my question? Do they

22 make that claim?

23 A What? That it's as scientific?

24 Q Yes.

25 A No. They make so many different sort of fuzzy


1 A (Continuing) claims. What they say is that, they

2 quite often say that they are the same status.

3 Now, sometimes they want to say they are both

4 scientific; sometimes they want to say they are both

5 philosophical; sometimes they want to say they are both

6 religious, which is certainly true.

7 And of course, this is one of the things I was talking

8 about with Mr. Novik, that the creation scientists want to

9 put evolutionary theory and creation theory on the same

10 footing.

11 My understanding, that's what the bill is all about.

12 Q You also quoted some works, a book by Parker?

13 A Yes.

14 Q That was by Gary Parker, is that right?

15 A That's right, yes

16 Q It was not Larry Parker?

17 A No. It was Gary Parker, Creation: The Facts of

18 Life.

19 Q You testified on: direct examination that Section

20 4(a) of Act 590 as it, defines creation science is

21 identical to— Act 590 is identical to the creation

22 science literature, the definition used. Is that correct?

23 A Yes. In the sense that this is one paragraph, and

24 creation science literature is, you know, there's an awful

25 lot of it. Pretty Victorian in its length.


1 Q The creation science literature that you have read,

2 some of it does rely upon religious writings, does it not?

3 A It does.

4 Q And Act 590 specifically prohibits the use of any

5 religious writing, does it not?

6 A Yes. But if you will remember, I was very careful

7 to state and, furthermore, to keep the sorts of references

8 I was dealing with to public school editions as much as I

9 could.

10 For example, Scientific Creationism, the book that I

11 referred to, that comes in a Christian edition as well.

12 And I deliberately didn't use that one. I wanted to use a

13 nonreligious version.

14 Q Within Act 590, is creation science ever identified

15 or called a theory?

16 A Well, I don't see the word "theory" there, just as I

17 said earlier. I see the whole passages as being written

18 very carefully to avoid the use of the word theory.

19 But as I went on to say, in my professional opinion, I

20 don't think that one can read this without understanding

21 "theory."

22 And if you remember, I drew this particularly on the

23 analysis of the first two sentences. In other words,

24 4(a), creation science means the scientific evidences for

25 creation, et cetera. Evolution science means the


1 A (Continuing) scientific evidences for evolution.

2 And my point is, was, that it doesn't make any sense to

3 talk about scientific evidences in isolation. I mean,

4 scientific evidences mean, well, what? Scientific

5 hypothesis, scientific theory.

6 Q How about data, the facts?

7 A What about the facts?

8 Q Cannot scientific evidences mean the scientific data?

9 A Not just a naked fact on its own, that's not

10 scientific. I mean, it could just as well be religious or

11 metaphysical or anything mathematical.

12 You see, the thing is, science is a body of knowledge

13 which you try to bind together to lead to scientific

14 understanding. Facts disembodied on their own are not

15 part of science. It's only inasmuch as your bringing

16 together within a sort of framework that you start to get

17 science.

18 And that's precisely why I want to say that creation

19 science means scientific evidences for creation is

20 meaningless unless you are talking about a theory of

21 creation.

22 Q What is a model?

23 A In my opinion, a model is — it's one of those words

24 which is very commonly used I think of a model as being

25 a sort of subpart of a theory.


1 A (Continuing) For example, another of the witnesses,

2 Doctor Ayala, has written a book called Evolving: The

3 Theory and Processes of Evolution. And presumably, I

4 assume what he's doing is, in the overall context, talking

5 about a theory, and then later on he talks about models

6 where what he's trying to do is set up specific little

7 sort of explanations to deal with specific sorts of

8 situations.

9 Q So a model is more narrow than a theory? A theory

10 is broader? Is that generally—

11 A Well, let me put it this way. That's the way which

12 I would use it as a philosopher of science. And I think

13 most philosophers of science would know what I'm talking

14 about

15 Q Can you have scientific evidences for a model?

16 A Well, a scientific model is certainly something that

17 you use in the context of scientific evidences, but

18 certainly.

19 Q You talked about the use of the word "kind". You

20 said that's not an exact term?

21 A Yes.

22 Q In taxonomy are the terms species in general and

23 other classifications, are they fixed? Has there been no

24 change in them?

25 A What do you mean by "fixed, has there been no


1 A (Continuing) change in them"?

2 Q Well, has the definition of the species or the

3 particular classification of animals, for examples, into

4 species, has that been unchanging through time?

5 A Well, you know, that's a very interesting question

6 from a historical point of view. And certainly, I think

7 one can see differences in emphasis.

8 But I think it's very interesting, for example, that you

9 talk about species that, in fact, you see a concept of

10 species being used, say, in the early nineteenth century,

11 before Darwin, which is very, very similar in many

12 respects to the concept of species today.

13 That's to say, a species is a group of organisms like

14 human beings which breed between themselves, don't breed

15 with others. And certainly this was a notion of species

16 which certainly goes back, as I know it, a couple of

17 hundred years.

18 Certainly, again, genera and higher orders, perhaps

19 higher orders are, as we all know, brought up a lot more

20 arbitrary in the sense that it's a lot more place for the

21 taxonomist to make his or her own decisions.

22 Q Species, you said, though, are groups which

23 interbreed and do not breed with other groups?

24 A Basically, yes.



1 Q For example, is a dog a different species than a

2 wolf?

3 A I guess so.

4 Q Do they interbreed, to your knowledge?

5 A Sometimes you get this. But of course, the point

6 is, you see, you can't turn this one against me because

7 I'm an evolutionist and I expect to find that. This is

8 the whole point about the evolutionary theory.

9 Q But the definition for species that you gave me

10 breaks down in that one example, does it not?

11 A Oh, listen, that's the whole— Any definition you

12 give in biology, you are going to find conflicts. For

13 example, what I'm doing is I'm giving you the point about

14 biological concepts, is that they are not like triangles.

15 If I give you a definition of triangle, then if it

16 hasn't got three sides, it ain't a triangle. On the other

17 hand, when you are dealing with concepts in the biological

18 world, then you are dealing with things which are a great

19 deal fuzzier. Now, that doesn't mean to say we don't have

20 paradigm cases.

21 I mean, for example, humans don't breed with cabbages;

22 we don't breed with horses; we are a good, you know,

23 classification of the species.

24 Now, of course, as an evolutionist, my belief is that



1 A (Continuing) one species will change into another

2 or can split into two different ones.

3 Of course, I expect to find species all the way from

4 being one species like human beings to being sort of two

5 separate species like, you know, say, some sort of species

6 of fruit fly and human beings.

7 So the fact that we find, you know, borderline cases, it

8 doesn't worry me at all.

9 Q You testified concerning kinds, that that concept

10 did not have any fixed definition. But your definition of

11 species does not apply to the just one example I

12 mentioned. Is that not correct, Doctor Ruse?

13 A Well, I think you are twisting my words, Mr.

14 Williams.

15 Q I'm just merely asking you, does your definition of

16 species, that they interbreed within themselves and do not

17 breed with others, does that fit the example of the

18 species of a dog and wolf?

19 A No, it doesn't. But—

20 Q Thank you.

21 You had discussed the example of these peppered moths as

22 an example of evolution. Did those peppered moths—

23 There were peppered moths and what was the other, a

24 darker colored moth, is that correct?

25 A Yes. There's light and dark.


1 Q Now, did the peppered moths become dark colored?

2 Did they change into dark colored moths?

3 A No. You mean, did the individual moth change?

4 Q Or the species changed?

5 A The species, yes. Certain races or groups, popula-

6 tions within the species did indeed, yes.

7 Q Are you aware that in discussing that example in the

8 introduction to the Origin of Species, L. Harrison

9 Matthews stated that these experiments demonstrate natural

10 selection in action, but they do not show evolution in

11 progress?

12 A Am I aware of that passage?

13 Q Yes.

14 A I have glanced through it. I am quite sure you are

15 reading correctly, and I know those are the sorts of

16 sentiments which he expresses in that introduction.

17 Q Is L. Harrison Matthews, to your knowledge, a

18 creation scientist?

19 A You certainly know perfectly well that I know that

20 he isn't.

21 Q Was any new species created — excuse me — evolved

22 in that peppered moth example?

23 A To the best of my knowledge, no.

24 Q So you had two species when you started and you had

25 two species—


1 A No. You've got two forms within the same species.

2 Q All right. Two forms.

3 And there were still two forms, correct?

4 A Yes.

5 Q Now, you mentioned that, in discussing the defini-

6 tion of creation science in the Act, that they — "they"

7 being the creation scientists — talk about a relatively

8 recent inception of the earth, and you take that to mean

9 six to ten thousand years?

10 A Well, as I say, I interpret that against the

11 scientific creationist literature. As I said, if you just

12 look at the sentence right there, it could be anything

13 from, well, let's say, a hundred million years to, as I

14 said, a week last Friday.

15 Q So it could be several million years old and still

16 be relatively recent on the scale of the several billion

17 year age which some scientists think the earth is?

18 A Yes, I think it could be.

19 Q You also talked about the two model approach, which

20 you say it polarizes. It's either/or?

21 A Right.

22 Q And just looking at the origin of life and of man

23 and the universe, can you think of any other options

24 besides there was some sort of creator at some point and

25 there was not?


1 A Well, you know, I find that very difficult to answer

2 because that's a sort of religious question or at least a

3 metaphysical question.

4 And I think one would have to specify a little more

5 definitely what you meant by creator in that sort of

6 context.

7 I mean, now, if you say to me, "Well, by creator, I mean

8 Yahweh of the Old Testament, then, yes, I would say that,

9 for example, I could think of some sort of life force or

10 world force, like, for example, Plato suggests in The

11 Timaes.

12 So I can think of lots of different notions of creator.

13 And same of the others were talking about some of these

14 yesterday, so I certainly think there are lots of options

15 that are open.

16 Q But if we talk about creator in the broad context of

17 that word, can you think of any other options besides

18 having a creator and not having a creator?

19 A I don't really think I can. But as I say, not

20 having a creator, does that mean that the earth is eternal

21 or that it just was caused by nothing?

22 Q I'm not asking you what significance you would

23 attach to it. I'm asking if you can think of any other

24 options?

25 A Well, I'll tell you something, I'm not altogether


1 A (Continuing) sure that I know what the disjunction

2 means. So if I say no, I can't, I have to confess it's at

3 least partly predicated on the fact that your question—

4 And I'm not trying to be clever, now. It's just so

5 fuzzy that I'm really not sure what you're talking about.

6 Q If there are two approaches, two models, and if they

7 should be mutually exclusive, would not evidence against

8 one be evidence for the other if they are mutually

9 exclusive?

10 A If they are, then, of course, I would agree with

11 what you're saying. However, you've got the if in.

12 Q I understand that.

13 A And if wishes came true, then beggars could ride.

14 Q You also talked about the other theories on, as I

15 understand, the creation of life or how life came about,

16 let me put it that way. And you mentioned one that life

17 was generated by some slow processes. And you mentioned a

18 theory or hypothesis espoused by Crick. And then you

19 mentioned one espoused by Hoyle and Wickramasinghe.

20 Do you consider those to be scientific hypotheses?

21 A Well, I'll tell you, I haven't read Crick's book, to

22 be quite honest about it. I just saw a review of it in

23 the New York Review of Books. I have read rather quickly

24 Hoyle and Wick—whatever it is, book.



1 A (Continuing)

2 I thought, and this, was my opinion, that at least parts

3 of it were acceptable as scientific hypotheses. Person-

4 ally, I thought that they ignored an awful lot of evidence,

5 but I thought parts of it.

6 On the other hand, I think that finally there are parts

7 of their book where they certainly seemed to me to slop

8 over into religion.

9 However, I would want to say that at least as far as

10 life coming here on this earth is concerned, I would have

11 thought that this is at least a form that science could be.

12 I mean, it's not well confirmed science, as far as I know.

13 Q Directing your attention to Act 590, again, let's

14 look at 4(a)(2) which mentions the insufficiency of

15 mutation and natural selection in bringing about

16 development of all living kinds from a single organism.

17 First of all, do you know whether there is any

18 scientific evidence to support that portion of the

19 definition?

20 A Well, I don't like the term "single organism"

21 there. I don't know that there is any scientific evidence

22 to suggest that it's a single organism or many organisms.

23 And I'm not sure that anybody else does.

24 Q All right. Let's look at the first part?

25 A The insufficiency of mutation and natural selection

in bringing about development of all living kinds. Yes.


1 A (Continuing) I would have thought that, for

2 example, there is good evidence to suggest that certain

3 random processes are also extremely important.

4 Q And could there be natural laws which would be

5 utilized in looking at that aspect of the definition?

6 A I would have thought so, yes. Of course, it doesn't

7 necessarily— I mean, part of the excitement is we don't

8 know all of the laws. And if we knew all of the laws,

9 there would be no jobs for evolutionists.

10 The excitement of being a scientist is that a lot of the

11 laws we don't know at the moment, but we are working

12 towards them.

13 Q And science is a changing—

14 A It's an ongoing process, yes.

15 Q And when we look back now at some of the things

16 which were considered to be scientific years ago, in light

17 of our present-day knowledge, they don't seem very

18 scientific, do they?

19 A You know, again, that's an interesting question.

20 They certainly wouldn't be very scientific if we held

21 them, and certainly there are some things that we would

22 count out.

23 We'd say today, for example, "Well, that's not

24 scientific; that's obviously religious. On the other



1 A (Continuing) hand, there are some things I think

2 we'd want to say, well, no. Obviously we wouldn't hold

3 them as scientific today, but they certainly were validly

4 scientific by our own criteria in the past.

5 I mean, for example, the Ptolemaic system belief that

6 the earth was at the center, and in my opinion, was a

7 perfectly good scientific theory. It made a lot of sense.

8 Q As we, to the extent that we can, look into the

9 future, do you think that people will look back on this

10 day and age and look at what we consider now to be

11 scientific and have the same sort of impression that that

12 is not scientific as they look at it, although it may have

13 been today?

14 A Do you know, that's a very interesting question. I

15 hope I'm around two hundred years from now to answer

16 that. I hope we are both around.

17 But I'm not sure I agree with you there. I think in the

18 last two, three hundred years the notion of science has

19 started to solidify, and that, for example, at the time of

20 Newton, people were getting to the point where they could

21 have a good feel for what science was.

22 Now, certainly, I think you are right to suggest that,

23 say, a couple of hundred years from now people will look

24 back at us and say, "Well, how could they have believed

25 all those sorts of things?" And I, you know, I hope very


1 A (Continuing) much that's the case. It's going to

2 be a pretty boring future for our grandchildren, otherwise.

3 Q If we are not, science will be—

4 A But I don't think they are going to say we are not

5 scientists.

6 MR. NOVIK: Your Honor, Mr. Williams on a number of

7 occasions interrupted the witness' answer, and I would

8 appreciate it if he could be instructed not to do that.

9 MR. WILLIAMS: Your Honor, my understanding is he's

10 finished the answer. Also, the witness has interrupted me

11 on a couple of occasions, too.

12 THE WITNESS: I'm sorry, your Honor. You know,

13 professors talk too much.

14 MR. WILLIAMS: (Continuing)

15 Q Now, looking back at the definition in 4(a) again,

16 if you look at 4(a)(3), "changes only within fixed limits

17 of originally created kinds of plants and animals," if we

18 start looking at the degree of change, is that not

19 something we can look at by resort to natural laws?

20 A That we can use— That we can look at— Now, I'm

21 not quite sure I'm following you.

22 Q (3) speaks of the degree of change that there is.

23 A We can certainly look, for example, at how much

24 change has occurred since certain times in the past and



1 A (Continuing) using laws, of course.

2 Q Does that require miracles to study that?

3 A No, I certainly don't think it does, because

4 evolutionists do this and they don't use miracles.

5 Q And (4), looking at the ancestry for man and apes.

6 It says "separate" there. But separate or not separate,

7 did that require the implication of miracles to study that?

8 A No. But of course, it does require the willingness

9 to be prepared to take counter-evidence to what you find.

10 And as I pointed out earlier, I don't think creation

11 scientists would be prepared to take counter-evidence.

12 Again, for example, one could talk about Parker's book

13 where he flatly denies or twists every finding by paleo-

14 anthropologists in the last ten years about human ancestry.

15 Q Looking, then, at (5), explanation of the earth's

16 geology, is explanation of the earth's geology something

17 which we could study by resort to natural laws rather than

18 miracles?

19 A Yes it is.

20 Q And (6) "a relatively recent inception of the earth

21 and living kinds." There we are talking about the age of

22 the earth and how long life has been on the earth. Can we

23 look at that or resort to natural laws without looking at

24 miracles?

25 A We can. However, what I do want to suggest is that


1 A (Continuing) very frequently the creation

2 scientists do not. They argue, for example, that the laws

3 change or speeded up or grew in certain intensities and so

4 on and so forth.

5 So, certainly, I think one can study the age of the

6 earth naturally by using laws and inferring back. I'm

7 quite prepared to accept that.

8 I'm not prepared to accept that creation scientists do

9 do it.

10 Q You said that something which can explain everything

11 is not a scientific theory?

12 A Right.

13 Q If that statement were true about the theory of

14 evolution, it, therefore, would not be a scientific

15 theory, would it?

16 A Well, it's another of your hypotheticals, Mr.

17 Williams.

18 Q Well, I'm asking you if it were true?

19 A But I'm just saying, accepting the hypothetical that

20 if it were the case, then your consequent follows.

21 However, once again, we've got, "If it were the case."

22 Now, what I'm saying and what I've said earlier is that

23 it's not the case, so I argue that the consequent doesn't

24 follow.

25 Q You also talked about creation science or about the


1 Q (Continuing) quality or attribute or criteria of

2 science as being falsifiable. And you said that creation

3 scientists, they start with the Bible and if it doesn't

4 fit in there, we don't accept it?

5 A Right.

6 Q As you look in Act 590, does it limit the scientific

7 evidence which can be brought in to support creation

8 science to Biblical references?

9 A Act 590 says nothing at all about the Bible in the

10 sense that Act 590 does not use the term "the Bible"

11 anywhere.

12 Q What does Act 590 say you can use to support

13 creation science?

14 A Well, the words are "scientific evidences."

15 Q All right. Thank you.

16 The books you have referred to, do you happen to know

17 whether those have been accepted by the Arkansas Depart-

18 ment of Education for use as textbooks in implementing Act

19 590?

20 A No, I don't.

21 Q Many of them, in fact, based upon your own

22 knowledge, would not stand the scrutiny of this law

23 because they do rely upon religious references, is that

24 not true?

25 A That's the problem, Mr. Williams.


1 Q Excuse me. Could I get an answer to my question

2 first?

3 A Yes. The answer is yes. But of course, if I just

4 finish by saying yes, I've only said half of what I want to say.

6 Q I'm not trying to cut you off

7 A I've just said what you want me to say. Fine.

8 Q And you state finally that creation science is not a

9 science; it is a religion. And you base that in part

10 upon your own experience in teaching the philosophy of

11 religion. Is that correct?

12 A I do, yes.

13 Q Does the science curriculum in secondary schools

14 have an effect one way or the other for good or ill on a

15 student when that student enters a university to study

16 science?

17 A Is this sort of a general question?

18 Q You can take the question as you will. It's a

19 question.

20 A I would have thought so, yes.

21 Do you recall that you told me in your deposition

22 that you said, "I don't know," in answer to that question?

23 A Well, as I said, you don't— I think it's a very

24 general sort of question which is so general, I mean, you

25 could put it at different levels. And in the context of


1 A (Continuing) our discussion earlier, it could have

2 been much more specific, in which case I would have said I

3 don't know.

4 Q Is creation science taught in the public schools of

5 Canada?

6 A My understanding — and again, please understand I

7 do not speak as a professional educator at that level in

8 Canada, but my understanding is that in some schools it is

9 certainly taught and not simply in private schools, but in

10 some of the public schools.

11 I believe, for example, that in the Province of Alberta

12 it is taught.

13 Q Have you ever made any effort to find out how

14 creation science is taught in Canada?

15 A Have I made any effort?

16 Q Yes.

17 A In fact, interestingly, since you took my deposi-

18 tion, I have certainly talked to some of the evolutionists

19 on campus. I confess I haven't found out very much yet,

20 but I intend to.

21 Q Has the teaching of creation science ever been a

22 matter of much great debate in Canada?

23 A It's growing debate. For example, like that of the

24 event of welcoming Doctor Gish onto my campus in February,

25 I think it is.


1 A (Continuing)

2 And certainly, for example, about two months, ago I

3 debated with one of the creationists, in fact, one of the

4 co-authors of Doctor Morris' book on the equivalent of

5 public television.

6 Q But in the past, has it been a matter of much debate

7 or controversy in Canada?

8 A I wouldn't say it's been a matter of great debate,

9 great controversy. I confess, you know, an awful lot of

10 Canadian news tend to be about you folks, and you polarize

11 things much more quickly than we do.

12 That's not a criticism, by the way.

13 Q When you teach your courses in philosophy, do you

14 try to give some sort of balanced treatment to

15 different is theories, different types of philosophy?

16 A I certain try to give a balance treatment to what I

17 teach. But it doesn't follow that I should teach every

18 particular philosophy that every particular philosopher

19 has ever held or anybody else has ever held.

20 Q But you do teach some philosophies which might be

21 conflicting or at least not consistent with each other?

22 A I certainly do, in a historical context. I mean, I

23 teach— Look, I teach creationism in a historical

24 context. I mean, I teach history of science, I talk about

25 creationism as it was up through the 1850's and this sort


1 A (Continuing) of thing.

2 So, I mean, of course, I'm teaching it in a historical

3 context.

4 Q But you try to be fair in teaching these different

5 philosophies, don't you?

6 A I certainly do. For example, I'd like to think that

7 I'm being fair to the creationists, for example, in my

8 book on The Darwinian Revolution.

9 Q Do you have any objection to all of the scientific

10 evidence on theories of origin being taught in the public

11 school science classroom?

12 A Well, you used that term "scientific evidence"

13 again. I'm not prepared to accept scientific evidence

14 without talking about the theory.

15 If you say to me, do I have any objection to all

16 theories which I hold as, what shall I say, which are held

17 by the consensus of scientists being taught, I don't have

18 any objection, with the proviso that, of course, at the

19 high school level, at the university level, undergraduate

20 level, you are certainly not going to try to teach every-

21 thing.

22 And in fact, as I see it, high school level and also at

23 the university level, one is going to be teaching the

24 basic, the fundamentals. Certainly, one is going to talk

25 about some of the controversies, some of the ideas, this


1 A (Continuing) sort of thing.

2 But as far as, for example, teaching the latest thing in

3 punctuated equilibria at the high school level, somebody

4 said, "Oh, well, we are going to spend, say, six weeks on

5 punctuated equilibria."

6 I'd say, "Well now, listen, fellow, maybe you should be

7 spending a bit more time on Mendel's laws."

8 Q What you are saying, then, is because of a limited

9 amount of time, choices do have to be made in curriculum?

10 A Not just because of a limited amount of time, but

11 because of the whole general philosophy of proper

12 education that educators must select.

13 Education isn't sort of an indifferent—

14 THE COURT: Where are you going with that?

15 MR. WILLIAMS: Pardon?

16 THE COURT: What is the point of going into that?

17 MR. WILLIAMS: The point of that is that in teaching

18 all scientific evidence and that curriculum has to be, he

19 will concede that you have to make some choice of

20 curriculum.

21 THE COURT: That seems so obvious to me.

22 MR. WILLIAMS: Well, to some degree. It's not

23 obvious in the plaintiffs' pleadings, your Honor. They

24 want to state that apparently the state has no right to

25 make any choice of curriculum; that, it falls to the


1 MR. WILLIAMS: (Continuing.) individual teacher to teach

2 what they want, when they want, how they want.

3 THE COURT: I don't believe they make that

4 contention, but let's go on to something else.

6 MR. WILLIAMS: (Continuing)

6 Q What is your personal belief in the existence of a

7 God?

8 A I would say that today my position is somewhere

9 between deist — that's to say in believing in some sort

10 of, perhaps, unmoved mover — and agnosticism. In other

11 words, don't really know.

12 I mean, I'm a bit like Charles Darwin in this respect.

13 Some days I get up and say, "You know, I'm sure there must

14 be a cause." And then other days I say, "Well, maybe

15 there isn't after all."

16 Q There must be a cause?

17 A There must be something that— There must have been

18 something originally.

19 Q The term "cause", what do you use that in relation

20 to your concept of a God?

21 A I'm talking about in the sense of some sort of

22 ultimate religious sort of reason. It doesn't necessarily

23 mean cause in the sense of a physical cause. It could

24 well be final cause or something like this.

25 Q Is your conception of a God some sort of world


1 Q (Continuing) force? Is that one way you would

2 describe it?

3 A As I say, I don't say my conception of a God is some

4 sort of world force. My conception is, perhaps, sometimes

5 there is more to life than what we see here and now.

6 Q But you did tell me in your deposition that your

7 conception of God would be that there might be some sort

8 of, quote, world force?

9 A There might be because, as I say, I'm not even an

10 expert on my own beliefs in this respect.

11 Q Do you have a personal belief as to whether a

12 creator, in whatever form, had a hand, figuratively

13 speaking, in creating the universe, the life or man?

14 A Not really. It's all so foggy to me.

15 Q Do you feel a religious person can be a competent

16 scientist, Doctor Ruse?

17 A Oh, certainly.

18 Q As you look at the definition in the Act of creation

19 science, Section 4(a)(1), "Sudden creation of life," et-

20 cetera, is that consistent with your own religious beliefs?

21 A Sudden creation of the universe, energy, and life

22 from nothing. I, you know, to be perfectly honest, to me

23 it's almost a meaningless question. You say, is it

24 consistent. I think that one— This sort of level, I

25 prefer not to talk in terms of consistency.


1 A (Continuing)

2 As I say, the whole thing is simply, a mystery to me.

3 And if I say, well, is this consistent, then already I'm

4 starting to define what my position is more than I'm

5 prepared to do.

6 Q Well, you have earlier equated Section 4(a) to some

7 sort of supernatural intervention by a creator?

8 A Right.

9 Q And is that consistent with your religious beliefs?

10 A That some sort of supernatural thing way back when—

11 I don't think it's inconsistent. I don't think, on the

12 other hand, that that's a very exciting part to me. I

13 mean, quite frankly, what concerns me is not how did it

14 all start, but how is all going to end.

15 Q But did you not tell me in your deposition, Doctor

16 Ruse, that that was— I asked you the question, "Is that

17 consistent with your religious beliefs," and you said,

18 "No." I'm referring to page 52, lines 7 through 9.

19 A Okay. I'm prepared to say no. As I say, it's so,

20 foggy that I'm no, yes. We're really getting to the

21 borderline here where if you insist on an answer, I would

22 have to say, "Well, I'll give you an answer if you want

23 it, but it's, you know, it's not something I feel very

24 confident about."

25 I mean, if you ask me, "Are you wearing glasses," I can


1 A (Continuing) say yes, and I'll stand by it. If you

2 ask me, "Was there a creator," I'll have to say, "Well,

3 possibly." And if you say, "Well, do you really think

4 there is, are you not an atheist," and I'd have to say,

5 "Well, no, I'm not an atheist." That's definite.

6 Do I accept 4(a)(1), could I accept 4(a)(1), well, I

7 guess possibly I could in some respects, but other

8 respects, possibly not.

9 Q Would you look at the definition is 4(b) of

10 evolution science, 4(b)(1), for example. Would that be

11 consistent with your religious beliefs?

12 MR. NOVIK: Excuse me, your Honor. I've allowed the

13 questioning to go an without objection because I thought

14 the relevance would become apparent. To me, it has not.

15 And I object on the grounds that this line is entirely

16 irrelevant to these proceedings.

17 THE COURT: What relevance is it?

18 MR. WILLIAMS: Your Honor, if the plaintiffs want to

19 stipulate that the religious beliefs of the witnesses on

20 these matters are not relevant, we will stipulate to that,

21 and I can go on to other matters.

22 THE COURT: I think the religious beliefs of the

23 witnesses could be relevant on the issue of bias or a

24 question of bias of a witness. I think they are

25 relevant. I just wonder how relevant they are to go into


1 THE COURT: (Continuing) all this kind of exchange of

2 words. It doesn't seem to get us any place.

3 MR. NOVIK: That was precisely my point.

4 THE COURT: It seems to me like you've got about as

5 much out of that as you can. If you want to continue to

6 beat it, that's fine with me.

7 MR. WILLIAMS: Your Honor, I want to make sure that

8 the record is clear that, for example, in this witness'

9 case, that the theory or the part of the Act, the

10 definition section, that he personally thinks is more

11 correct is also consistent with his own religious beliefs.

12 THE COURT: Okay. If you can ever make that clear.

13 MR. WILLIAMS: I think I'd like to try, at least.

14 THE WITNESS: Your Honor, it's my soul which is at

15 stake, so I don't mind keeping going if we can find out

16 what—

17 MR. WILLIAMS: (Continuing)

18 Q Doctor Ruse, looking at Section 4(b) generally,

19 4(b)(4) and 4(b)(6), is it not true that when you talk

20 about man coming from a common ancestor with apes and you

21 talk about an inception of the earth several billion years

22 ago, those are consistent with your own religious beliefs?

23 A Oh, certainly. Yes.

24 Q Do you think that evolution is contrary to the

25 religious beliefs of some students?


1 A Yes. I think that I would want to say that, yes.

2 But then again, so is a lot of science.

3 Q In teaching philosophy courses, do you ever teach

4 theories or philosophies that you don't personally agree

5 with?

6 A In a historical context, certainly.

7 Q And a teacher should not have to teach only those

8 courses which they agree with, isn't that correct?

9 A Now, hang on. Try that one against me again.

10 Q Do you think a teacher should teach only those

11 things he or she agrees with?

12 A Well, you say "should only teach those things that

13 they agree with." I mean, for example, I teach a lot of

14 things that I don't agree with. But of course, as I say,

15 I do this in a historical context.

16 I mean, it seems to me that a historian could certainly

17 teach all about the rise of Hitler without being a Nazi

18 themselves.

19 Now, one can teach and deal with things that you don't

20 agree with, certainly in a historical context.

21 Q Are there scientists that you would consider

22 scientists who feel the theory of evolution cannot be

23 falsified?

24 A Are there scientists that I would consider

25 scientists— Well, now, you say the theory of evolution.


1 A (Continuing) What are you talking about?

2 Q Well, what would you consider the theory of

3 evolution?

4 A Well, I mean, are you talking about Darwinism? Are

5 you talking about punctuated equilibria? Are you talking

6 about—

7 Q Let's talk about Darwinian evolution.

8 A Certainly some people have thought that Darwinian

9 evolution cannot be falsified.

10 Q As a matter of fact, that's an increasing number of

11 scientists, isn't it?

12 A No, I don't think it is. In my opinion, it's a

13 decreasing number of scientists.

14 I'm glad you made that point because, in fact, one of

15 the leading exponents of the book, Unfalsifiability of

16 Darwinism, is Karl Popper. And recently, certainly, he's

17 started to equivocate quite strongly on this and so are a

18 number of his followers, by the way.

19 Q When did you write an article entitled "Darwin's

20 Theory: An Exercise in Science"?

21 A Well, I wrote it, I think, earlier this year. It

22 was published in June.

23 Q in that article, did you not state that, "Although

24 still a minority, an increasing number of scientists, most

25 particularly, a growing number of evolutionists,


1 Q (Continuing) particularly academic philosophers,

2 argue that Darwinian evolutionary theory is no genuine

3 scientific theory at all"?

4 A I think that I'd probably say something along those

5 lines

6 Q So you did state in this article, did you not, that

7 there was an increasing number?

8 A An increasing number. I think I said an increasing

9 number, of philosophers, don't I, or people with philo-

10 sophical pretensions or something along those lines.

11 Q I think the record will speak for itself as to what

12 was said. I think the word "scientists" was used.

13 A You know, I'm not a sociologist of science. I'm not

14 a sociologist of philosophies. You know, you want to take

15 a head count, you could be right, I could be right. Who

16 knows.

17 I certainly know that a number of important scientists,

18 or I'll put it this way, a number of important philos-

19 ophers have certainly changed their minds.

20 Q Has Popper changed his mind about that?

21 A I really don't know. Popper is an old man, you

22 know. Without being unkind, I think Popper is getting to

23 the point where mind changes aren't that important to him

24 anymore.

25 Q Did he not state that evolutionary theory was not


1 Q (Continuing) falsifiable?

2 A Oh, no. Certainly at one point, Popper wanted to

3 claim that Darwinism was not falsifiable. Now, where

4 Popper stood on evolutionary theories per se, I think is a

5 matter of some debate.

6 It's certainly the case that he himself in the early

7 seventies was trying to come up with some theories which

8 he thought would be falsifiable.

9 In recent years it's certainly true to say that Popper

10 has argued more strongly that at least at some level

11 evolution theories can be falsified.

12 Q At some level?

13 A Yes.

14 Q But he also said, did he not, that evolutionary

15 theory was, in fact, a metaphysical research program?

16 A I think he said that Darwinism was. I'd have to go

17 back and check to see whether Popper ever said that all

18 evolutionary theories are unfalsifiable or metaphysical.

19 MR. NOVIK: Excuse me, your Honor. We learned from

20 the Attorney General yesterday in his opening argument

21 that the State is interested in demonstrating that

22 evolution is not science, and that evolution is religion.

23 This line of questioning seems to go to that issue.

24 The plaintiffs contend that that entire line of

25 questioning as to both of those points are irrelevant to


1 MR. NOVIK: (Continuing) these proceedings. Evolution

2 is not an issue in this case.

3 We have previously submitted to the Court a memorandum

4 of law arguing this issue, and I would request the Court

5 to direct defendants' counsel not to proceed along these

6 lines on the grounds stated in that motion.

7 I'd be happy to argue that briefly at the present time,

8 if the Court desires.

9 THE COURT: Is that the purpose of the questioning,

10 Mr. Williams? Are you trying to establish that evolution

11 is a form of religion?

12 MR. WILLIAMS: Not this particular line of question-

13 ing itself. But in view of the Court's ruling on the

14 motion in Limine, that it is appropriate to consider

15 whether creation science is a scientific theory, I think

16 we are entitled to try to show that creation science is at

17 least as scientific as evolution.

18 Indeed, the Bill on its face raises this issue in some

19 of the findings of fact. And to the extent that they have

20 been attacking the findings of fact in the Act, I think we

21 are entitled to go into this to show one as against the

22 other, the relative scientific stature of these two models.

23 THE COURT: Why don't we take a ten minute recess,

24 and I'd like to see the attorneys back in chambers.



1 (Thereupon, Court was in recess from 11:40 a.m. to 11:50

2 a.m.)

3 THE COURT: Mr. Williams, just to put this in some

4 perspective, as I understand it, the State is not making

5 the contention that evolution is not science. The purpose

6 of the questions is simply to demonstrate that some

7 scientists do not think that evolution meets all the

8 definitions of science as this witness has given a

9 definition

10 MR. WILLIAMS: That is it in part, your Honor.

11 Also, just the point being to demonstrate that, we are not

12 demonstrating that evolution is not science, but that if

13 you, according to this particular definition, that

14 creation science clearly would be as scientific in that

15 neither could meet, according to some experts, the

16 definition of a scientific theory.

17 THE COURT: Okay.

18 MR. WILLIAMS: (Continuing)

19 Q Doctor Ruse, what is the concept of teleology?

20 A Understanding in terms of ends rather than prior

21 causes.

22 THE COURT: Excuse me. What is that word?

23 MR. WILLIAMS: Teleology. T-e-l-e-o-l-o-g-y.

24 THE COURT: What is the definition? That's not one

25 of those words that's in my vocabulary.