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Dover Trial: Intelligent Design Violates Establishment Clause

by TChris

Science, rationality, and the Constitution prevailed in Dover, where the school board tried to undermine the science underlying evolution by promoting a religious alternative, intelligent design. (TalkLeft coverage of the lawsuit is here.) Judge John Jones III decided that the board's policy violated the Establishment Clause of the First Amendment by endorsing a religious belief.

"In making this determination, we have addressed the seminal question of whether ID is science," Jones wrote. "We have concluded that it is not, and moreover that ID cannot uncouple itself from its creationist, and thus religious, antecedents."

The school board's policy required teachers to inform biology students of "gaps" in Darwin's theory of evolution while directing their attention to a book on intelligent design in the school library. Judge Jones was scathing in his criticism of the board members, who have since been voted off the school board.

"The breathtaking inanity of the board's decision is evident when considered against the factual backdrop which has now been fully revealed through this trial," Jones said in a 139-page decision. "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."

Judge Jones (appointed by the first current President Bush) recognized that religious extremists will brand him an activist judge. He answered those critics in advance: "this is manifestly not an activist Court." Defending the Constitution is part of a judge's job description. Judge Jones should be commended for doing his job fearlessly.

More information (including a link to the opinion) is available at the ACLU of Pennsylvania's website.

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    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#1)
    by Punchy on Tue Dec 20, 2005 at 09:22:01 AM EST
    A myriad of other blogs have posted that this judge was in fact appointed by THIS G. Bush, the second one. July/August 2002, is what they're saying. Not that it matters much, but interesting info when we will surely hear the "activist judges" mantra that is sure to follow...

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#2)
    by TChris on Tue Dec 20, 2005 at 09:29:46 AM EST
    You're right. Thanks for the correction. The text has been updated.

    This really is just about as sweeping and comprehensive a rebuke of the entire fiasco as one could hope for from this or any other judge. I encourage people to read the entire ruling itself, all 139 pages of it. It's a very good read.

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#4)
    by Sailor on Tue Dec 20, 2005 at 10:11:19 AM EST
    The 'book' that they dircted the students to study was 'Of Pandas and People'. What a coincidence that the legal team representing the Dover Area School Board is the publisher of that nonsense. Trust the religiofascists to try to make a buck during their crusade against knowledge. Of particular note was the judge's statement:"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."

    Pennsylvania ACLU has a news conference at 1:30 PM Harrisburg time. Apparently it won't be streamed, so it's a matter of seeing whether or not any of the news networks pick it up.

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#6)
    by desertswine on Tue Dec 20, 2005 at 10:22:49 AM EST
    Smackdown!

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#7)
    by Edger on Tue Dec 20, 2005 at 10:25:19 AM EST
    Intellectually, scientifically, even artistically, fundamentalism--biblical literalism--is a road to nowhere, because it insists on fidelity to revealed truths that are not true. But religious enthusiasm is not all bad. Like love or political activism, it can help troubled souls transform their lives. And if what we're looking at is an America with an ever-larger and boxed-in working class and tighter competition for high-paying jobs among the elite, fundamentalism is exactly the thing to manage decline: It schools the downwardly mobile in making the best of their lot while teaching them to be grateful for the food pantry and daycare over at the church. At the same time, taking advantage of existing currents of anti-intellectualism and school-tax resistance, it removes from the pool of potential scientists and other creative professionals vast numbers of students, who will have had their minds befuddled with creationism and its smooth-talking cousin, intelligent design.
    Yep...Wonderful stuff, intelligent(?) design...

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#8)
    by soccerdad on Tue Dec 20, 2005 at 10:36:14 AM EST
    as some comic said last week the right wing loonies are the best evidence against intelligent design, or the designer has a m*f*ing weird sense of humor.

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#9)
    by Johnny on Tue Dec 20, 2005 at 10:39:39 AM EST
    Minor setback for the dominionists.

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#10)
    by Sailor on Tue Dec 20, 2005 at 02:33:41 PM EST
    I think Dover may have misrepresented their point ;-)

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#11)
    by Dadler on Tue Dec 20, 2005 at 03:01:39 PM EST
    Soc, What's the old Depeche Mode song, "Blasphemous Rumors"? I don't want to start any blasphemous rumors, But I think that god's got a sick sense of humor, And when I die I expect to find him laughing.

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#12)
    by Edger on Tue Dec 20, 2005 at 03:01:55 PM EST
    Good one Sailor! :)

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#13)
    by Edger on Tue Dec 20, 2005 at 03:59:16 PM EST
    Idiotic design We would like to go on record as saying that "intelligent design" (the latest euphemism for creationism) doesn't qualify as a theory, because it's already been disproven...by the very existence of the idiots trying to promote it. ---from Editor at Large


    What an extraordinary opinion! Best read on the evolution vs ID/C since Dawkins "The Blind Watchmaker". Reading the entire thing, you get a political history of creationism attempts to inject religion into the schools, a discusion on the scientific method and how Inteligent Design/Creationism fails both as a critique of Evolution and as a proposed replacement. It is clear that the Judge wanted to make a strong statement, and to eliminate further expensive lawsuits on ID/C. He has basically set the legal bar high. I'm tring to imagine the repurcussions if the IDC proponents take the case to a higher court, or what happens to the Kansas state board of education redefinition of science to include "un-natural" explanations.

    Looks like Dumbya must have been drunk off his ass when he appointed this judge.

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#16)
    by Dadler on Wed Dec 21, 2005 at 11:44:54 AM EST
    No, Edger, the judge was just an activist pretending to be a conservative. Don't you get it? Those activist liberal judges will stop at nothing to spread their agenda. Ahem.

    Re: Dover Trial: Intelligent Design Violates Esta (none / 0) (#17)
    by Johnny on Wed Dec 21, 2005 at 12:23:43 PM EST
    This is good news, good news. The fact it was a Dubyass appointee makes it so much more delicious. Maybe Shrub was sober when he appointed him... sober is usually when people are in their left mind.

    Keep in mind that this judge is 1) a Republican, 2) Christian, 3) who was appointed by King George, and 4) who thinks that the theory of evolution is completely compatible with Christian belief and theology. Amen. This is The Bush League's worst nightmare come true.