9th Circuit: Plaintiff Lacks Standing To Challenge Evolution Website

In Caldwell v. Caldwell, (9th Cir., Oct. 3, 2008), the U.S. 9th Circuit Court of Appeals dismissed for lack of standing plaintiff's Establishment Clause challenge to certain content on an "Understanding Evolution" website created and maintained by the University of California Museum of Paleontology and funded in part by the National Science Foundation. The website, in dealing with misconceptions about evolution, says that evolution and religion are not incompatible. Plaintiff alleges that this exposes her to a government-endorsed religious message that makes her feel like an outsider.

The court, in rejecting plaintiff's claim against the University of California faculty, concluded that plaintiff's

asserted interest- informed participation as a citizen in school board meetings, debates, and elections, especially with respect to selection of instructional materials and how teachers teach the theory of evolution in biology classes in the public schools -- is not sufficiently differentiated and direct to confer standing on her to challenge the University of California's treatment of religious and anti-religious views on evolution. An interest in informed participation in public discourse is one we hold in common as citizens in a democracy.

Judge Fletcher wrote a concurring opinion to spell out in more detail why plaintiff lacks standing. He argued that her injury from offensive content on one of 840 pages in the website was de minimis.