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Kitzmiller vs. Dover Area School District (view source)

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The court completely and permanently censored the reading of the proposed statement on [[Intelligent Design]],<ref name="Memo" /> and approved an award of over $2 million in legal fees to the [[ACLU]] and other plaintiffs' attorneys.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-22_stipulation.pdf</ref> The court also denied an attempt to intervene in the case by parents who wanted the ID statement,<ref>http://www2.ncseweb.org/kvd/all_legal/2005-03-10_order_denying_Rutherford_intervention.pdf</ref> and its final order was based on a stipulation about attorney's fees which also foreclosed any appeal of the ruling.<ref>http://www2.ncseweb.org/kvd/all_legal/2006-02-24_Judgment.pdf</ref> Taxpayers in the district paid $1,000,011 of the massive legal fee award to the [[ACLU]] and other plaintiffs' attorneys.<ref> http://www.umt.edu/mlr/editors'%20note.pdf </ref>

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On December 20, 2005, Judge [[John E. Jones III]] rendered his verdict and ruled the Dover ID policy violated the Establishment Clause of the [[First Amendment]] of the [[Constitution of the United States]] and the Constitution of the Commonwealth of Pennsylvania. The court summarized in stating, "The proper application of both the endorsement and Lemon tests to the facts of this case makes it abundantly clear that the Board’s ID Policy violates the Establishment Clause. In making this determination, we have addressed the seminal question of whether ID is science. We have concluded that it is not, and moreover that ID cannot uncouple itself from its creationist, and thus religious, antecedents." Judge Jones held that "the disclaimer singles out the theory of evolution for special treatment, misrepresents its status in the scientific community, causes students to doubt its validity without scientific justification, presents students with a religious alternative masquerading as a scientific theory, directs them to consult a creationist text as though it were a science resource, and instructs students to forego scientific inquiry in the public school classroom and instead to seek out religious instruction elsewhere." The defendants were permanently enjoined from maintaining the ID policy in any school within the Dover Area School District. <ref name="Memo" />

== Criticism==

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Critics of the Discovery Institute have countered that it is not unusual for a judge to use the findings of fact from the side that has proved their case. See UNITED STATES v. EL PASO GAS CO., 376 U.S. 651 (1964) <ref> http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=376&page=651#656

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== Details of the case ==

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On December 20, 2005, Judge [[John E. Jones III]] rendered his verdict and ruled the Dover ID policy violated the Establishment Clause of the [[First Amendment]] of the [[Constitution of the United States]] and the Constitution of the Commonwealth of Pennsylvania. The court summarized in stating, "The proper application of both the endorsement and Lemon tests to the facts of this case makes it abundantly clear that the Board’s ID Policy violates the Establishment Clause. In making this determination, we have addressed the seminal question of whether ID is science. We have concluded that it is not, and moreover that ID cannot uncouple itself from its creationist, and thus religious, antecedents." Judge Jones held that "the disclaimer singles out the theory of evolution for special treatment, misrepresents its status in the scientific community, causes students to doubt its validity without scientific justification, presents students with a religious alternative masquerading as a scientific theory, directs them to consult a creationist text as though it were a science resource, and instructs students to forego scientific inquiry in the public school classroom and instead to seek out religious instruction elsewhere." The defendants were permanently enjoined from maintaining the ID policy in any school within the Dover Area School District. <ref name="Memo" />

==References==

Philip J. Rayment

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