A victory for facts, truth, and science. US District Court Judge John E. Jones III ruled against mandating teaching "intelligent design" in his ruling of Kitzmiller v. Dover Area School District.
Tammy Kitzmiller, et al. v. Dover Area School District, et al., Case No. 04cv2688, was the first direct challenge brought in United States federal courts against a public school district that required the presentation of "Intelligent Design" as an alternative to evolution as an "explanation of the origin of life". The plaintiffs successfully argued that intelligent design is a form of creationism, and that the school board policy thus violated the Establishment Clause of the First Amendment to the United States Constitution.
Eleven parents of students in Dover, Pennsylvania, near York, sued the Dover Area School District over a statement that the school board required to be read aloud in ninth-grade science classes when evolution was taught. The plaintiffs were represented by the American Civil Liberties Union (ACLU), Americans United for Separation of Church and State (AU) and Pepper Hamilton LLP. The National Center for Science Education (NCSE) acted as consultants for the plaintiffs. The defendants were represented by the Thomas More Law Center. The Foundation for Thought and Ethics, publisher of a textbook advocating intelligent design titled Of Pandas and People, tried to join the lawsuit as a defendant but was denied. [1]
The suit was brought in the U.S. District Court for the Middle District of Pennsylvania seeking injunctive relief. Since it sought an equitable remedy there was no right to a jury trial; the Seventh Amendment did not apply. It was tried in a bench trial from September 26, 2005 to November 4, 2005 before Judge John E. Jones III. On December 20, 2005 Judge Jones issued his 139-page findings of fact and decision, ruling that the Dover mandate was unconstitutional, and barred intelligent design from being taught in Pennsylvania's Middle District public school science classrooms. The eight Dover school board members who voted for the intelligent design requirement were all defeated in a November 8, 2005 election by challengers who opposed the teaching of intelligent design in a science class, and the current school board president stated that the board does not intend to appeal the ruling.
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