Judge rules against ‘intelligent design’

Eric Rothschild, an attorney for the families who challenged the policy, called the ruling “a real vindication for the parents who had the courage to stand up and say there was something wrong in their school district.”

Richard Thompson, president and chief counsel of the Thomas More Law Center in Ann Arbor, Mich., which represented the school district and describes its mission as defending the religious freedom of Christians, said: “What this really looks like is an ad hominem attack on scientists who happen to believe in God.”

It was the latest chapter in a debate over the teaching of evolution dating back to the Scopes trial, in which Tennessee biology teacher John T. Scopes was fined $100 for violating a state law against teaching evolution.

Earlier this month, a federal appeals court in Georgia heard arguments over whether a suburban Atlanta school district had the right to put stickers on biology textbooks describing evolution as a theory, not fact. A federal judge last January ordered the stickers removed.

In November, state education officials in Kansas adopted new classroom science standards that call the theory of evolution into question.

President Bush also weighed in on the issue of intelligent design recently, saying schools should present the concept when teaching about the origins of life.

‘ID is not science’
In his ruling, Jones said that while intelligent design, or ID, arguments “may be true, a proposition on which the court takes no position, ID is not science.” Among other things, he said intelligent design “violates the centuries-old ground rules of science by invoking and permitting supernatural causation”; it relies on “flawed and illogical” arguments; and its attacks on evolution “have been refuted by the scientific community.”

“The students, parents, and teachers of the Dover Area School District deserved better than to be dragged into this legal maelstrom, with its resulting utter waste of monetary and personal resources,” he wrote.

Jones wrote that he wasn’t saying the intelligent design concept shouldn’t be studied and discussed, saying its advocates “have bona fide and deeply held beliefs which drive their scholarly endeavors.”

But, he wrote, “our conclusion today is that it is unconstitutional to teach ID as an alternative to evolution in a public school science classroom.”

The judge also said: “It is ironic that several of these individuals, who so staunchly and proudly touted their religious convictions in public, would time and again lie to cover their tracks and disguise the real purpose behind the ID Policy.”

Former school board member William Buckingham, who advanced the policy, said from his new home in Mount Airy, N.C., that he still feels the board did the right thing.

‘We were robbed’
“I’m still waiting for a judge or anyone to show me anywhere in the Constitution where there’s a separation of church and state,” he said. “We didn’t lose; we were robbed.”

The controversy divided Dover and surrounding Dover Township, a rural area of nearly 20,000 residents about 20 miles south of Harrisburg. It galvanized voters to oust eight school board members who supported the policy in the Nov. 8 school board election. The ninth board member was not up for re-election.

The new school board president, Bernadette Reinking, said the board intends to remove intelligent design from the science curriculum and place it in an elective social studies class.

“As far as I can tell you, there is no intent to appeal,” she said.

The old board's actions may still have an impact, however. Jones also ruled that the school board would have to pay the plaintiffs’ legal fees, which are not insignificant. Plaintiffs' attorney Rothschild said compensation would be sought despite the turnover on the board, but that the cost was still being tallied. “We’ll sort out who we might pursue for this remedy in the days ahead,” he said.

This report includes information from MSNBC's Alan Boyle.

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