VICTORY IN DOVER!

Federal Court Unmasks The Genesis Of 'Intelligent Design' - And The Lies That Helped Bring It Into Pennsylvania Public Schools

Hours after a federal judge in Pennsylvania struck down a school board policy mandating instruction about "intelligent design" in a public school science class, parent Tammy Kitzmiller faced a bank of microphones to address the media.

As flashbulbs popped and reporters hoisted tape recorders, Kitzmiller remained poised and plain-spoken.

"We had no idea how this would end up, but I'm glad we're here today in victory," she said. "Eleven ordinary citizens stepped forward and made a difference."

The court's Dec. 20 decision in the closely watched case from Dover, Pa., wasn't just a victory for the plaintiffs - it was a grand-slam. U.S. District Judge John E. Jones III declared the pro-intelligent design (ID) policy a violation of the First Amendment's separation of church and state - but he didn't stop there. In his 139-page ruling, Jones wrote that ID is not science but religion and blasted the Dover school board for adopting a divisive and contentious policy that sparked a powerful backlash in town.

Jones noted that the Dover board had voted to require that students listen to a pro-ID disclaimer and stocked the school library with copies of a creationist tome called Of Pandas ana" People. Tracing the board's actions, Jones ruled its members were motivated by religious intent.

"The disclaimer's plain language, the legislative history, and the historical context in which the ID Policy arose, all inevitably lead to the conclusion that Defendants consciously chose Io change Dover's biology curriculum to advance Religion," wrote Jones in his Kitzmiller v. Dover Area School District decision. "We have been presented with a wealth of evidence which reveals that the District's purpose was to advance creationism, an inherently religious view, both by introducing it directly under the label ID and by disparaging the scientific theory of evolution, so that creationism would gain credence by default as the only apparent alternative to evolution...."

Americans United Executive Director Barry W. Lynn hailed the ruling.

"This is a tremendous victory for public schools and religious freedom," said Lynn. "It means that school board members have no right to impose their personal religious beliefs on students through the school curriculum.

"Public schools should teach science in science class, and let parents make their own decisions about religion," continued Lynn. "It's a simple idea that the Religious Right has never been able to grasp."

The sweeping victory was especially sweet, since it came from a conservative, church-going judge appointed in 2002 by President George W. Bush. In his ruling, Jones carefully traced the development of the Dover policy and concluded it was implemented because the board majority harbored religiously based opposition to the theory of evolution.

Jones noted that board member Alan Bonsell told other board members he did not support evolution and wanted to find a way to bring creationism into Dover's curriculum. When that proved unfeasible due to court rulings, Bonsell and his supporters latched onto intelligent design.

Jones noted that board members were so obsessed with ID that they even delayed buying new biology textbooks. The book that the science faculty requested, Biology by Kenneth Miller, was approved by the faculty and administration yet attacked by the board. Board member Bill Buckingham was quoted in a local newspaper asserting that the tome was "laced with Darwinism."

Dover science teachers were later compelled to watch a pro-ID video produced by the Discovery Institute, a Seattle-based organization that promotes intelligent design. In the fall of 2004, the board majority approved a curriculum change asserting that "students will be made aware of gaps/problems in Darwin's theory and other theories of evolution including, but not limited to, intelligent design."

To implement the new policy, the board voted to require Dover students to listen to a four-paragraph statement that read in part, "Because Darwin's Theory is a theory, it continues to be tested as new evidence is discovered. The Theory is not a fact. Gaps in the Theory exist for which there is no evidence."

The statement also noted, "The reference book, Of Pandas and People, is available for students who might be interested in gaining an understanding of what Intelligent Design actually involves." Dover science teachers refused to read the statement, so administrators came into ninth-grade biology classrooms to do the deed.

Many Dover residents watched these developments unfold with great unease. Unable to persuade the board to reverse its position, a group of Dover parents decided to take action and asked Americans United and the American Civil Liberties Union of Pennsylvania for help.

AU and the ACLU tried to resolve the matter outside of court, but the Dover board was stubborn and began soliciting right-wing legal groups to come to its aid. Litigation became inevitable, and in December of 2004, AU and the ACLU filed suit on behalf of 11 Dover parents. The board announced it would receive representation from the Thomas More Law Center, a right-wing Catholic group founded by Domino's Pizza magnate Thomas Monaghan.