Caldwell v. Caldwell [1]

In October 2005, Jeanne Caldwell filed a complaint [2] in federal court in California against Roy Caldwell, the Director of the University of California Museum of Paleontology, David Lindberg, Chair of the Integrative Biology Department at UC Berkeley, and Michael Piburn, Program Director for the National Science Foundation.  Ms. Caldwell claims that a website published by the University of California, "Understanding Evolution [3]," impermissibly endorses, advances and proselytizes certain religious beliefs.

Specifically, she claims that one page on the site, entitled "Misconception: 'Evolution and Religion are Incompatible [4],'" states that Darwin's theories and religion can co-exist.  Caldwell argues that UC Berkelely's government-funded website contradicts a religious belief that evolution and religion are incompatible and amounts to a state position on religious doctrine. This violates the establishment clause of the First Amendment barring Congress from making any law respecting the establishment or exercise of religion.

In March 2006, the district court dismissed Caldwell's claims, holding that she failed to make out taxpayer standing and her allegations constitute no more than the generalized grievances of one who observes government conduct with which she disagrees. Accordingly, the court dismissed the complaint on the ground that Caldwell had not shown injury in fact.

On October 3, 2008, the Ninth Circuit affirmed [5] the dismissal.