The Discovery Institute is best known for promoting the "intelligent design" theory of the origin of the universe as a counter to conventional evolution theory. Intelligent design theory holds that the origin and development of the universe and living things are best explained by an "intelligent cause" rather than by such processes as natural selection and random mutation, cornerstones of the theory of evolution.

Charlotte Coffelt, a leader in the Houston chapter of Americans United for Separation of Church and State, asserts that the Christian right members of the board are on a "mission to stop certain textbooks for children over the issue of evolution." She claims that the board's real agenda is to promote creationism -- the view held by fundamentalist Christians that God created the world, for which no scientific evidence exists -- by "masking it as intelligent design." The Discovery Institute denies that it is seeking to include intelligent design in the textbooks.

The lawsuit also discusses how the other two books that had been approved by the professional review process and recommended by the commissioner of education were handled, as further examples of the board's intentions and methodology. Their fate may be even more chilling than the banning of Chiras' book.

The second book, "Environmental Science: How the World Works and Your Place in It," was initially rejected by the board. It was finally published -- but only after its publisher, who desperately wanted the sale, agreed to allow it to be censored. According to the suit, unnamed state education officials and the publisher, J.M. LeBel Enterprises, had a late-night editing session during which the publisher agreed to change crucial passages about, among other things, global warming. (Cynthia Thornton, a member of the state Board of Education, called the text's pre-edited section on global warming "alarmist poppycock.")

A New York Times story on textbook censorship revealed some of the alterations. The Times reported, for example, that the sentence "Destruction of the tropical rain forest could affect weather over the entire planet" was changed to "Tropical rain forest ecosystems impact weather over the entire planet." The following remarkable sentence was added: "In the past, the earth has been much warmer than it is now, and fossils of sea creatures show us that the sea level was much higher than it is today. So does it really matter if the world gets warmer?" And this sentence was deleted: "Most experts on global warming feel that immediate action should be taken to curb global warming."

The publisher later told the New York Times that the process was akin to "book burning" and "100 percent political."

The third book reviewed and approved for use was "Global Science: Energy, Resources, Environment," 5th edition, by John W. Christensen, published by Kendall/Hunt Publishing Company. Flanakin of the TPPF approvingly noted that the book was prepared with the help of the industry organization American Institute of Mining, Metallurgical, and Petroleum Engineers. Also, according to the New York Times, the book was partly funded by the Mineral Information Institute, a nonprofit group whose board is almost entirely composed of top mining industry officials. In his statement to the board, Duggan said he felt it was the "finest and most readable textbook" he had ever reviewed.

Board chairwoman Grace Shore, co-owner of an oil and gas company, TEC Well Service, of Longview, Texas, told the Austin American Statesman, "[t]he oil and gas industry should be consulted" regarding environmental science textbooks because "[w]e always get a raw deal."

Adele Kimmel of TLPJ said that it "was not an accident" that the board "ultimately chose to adopt a book financed by the mining industry over one that emphasizes the importance of critical thinking."

Chiras vs. Miller may very well turn out to be a landmark case, even if the plaintiffs do not prevail. Neuborne told Salon, "It's a hard case to win. The board is going to say that they are acting within their authority and made their decision based on quality issues. They [the plaintiffs] are going to have to prove that the members of the board were not acting in good faith and that they are not telling the truth. And that's very hard to do." If the suit prevails, he thinks the board will probably be required to send the book out for an independent professional review. But he notes that there may be nothing to prevent them from rejecting the book over and over again.

"The only real defense against this [textbook censorship]," he said, "is better public school officials."

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