Kitzmiller v. Dover Area School District, 400 F. Supp. 2d 707 (M.D. Pa. 2005) was the first case brought in the United States federal courts testing a public school policy requiring the teaching of intelligent design (ID). The court found intelligent design to be not science. In October 2004, the Dover Area School District of York County, Pennsylvania, changed its biology teaching curriculum to require that intelligent design be presented as an alternative to evolution theory, and that Of Pandas and People, a textbook advocating intelligent design, was to be used as a reference book.On October 18, 2004, the Board passed by a 6–3 vote a resolution that amended the biology curriculum as follows:Students will be made aware of gaps/problems in Darwin's theory and of other theories of evolution including, but not limited to, intelligent design. Note: Origins of Life is not taught.In addition, the Board resolution stated that this subject is to be covered in lecture form with Pandas to be a reference book.p. 117, Kitzmiller v. Dover Area School District, Memorandum Opinion, December 20, 2005 The prominence of this textbook during the trial was such that the case is sometimes referred to as the Dover Panda Trial,Argento, Mike (October 20, 2005). "Of Behe and mammary glands". York Daily Record. Archived from the original on January 13, 2006.Curran, Erin (November 29, 2006). " Attorney from first national case on intelligent design to speak to SU". The Daily Orange. Archived from the original on September 27, 2011. a name which recalls the popular name of the Scopes Monkey Trial in Tennessee, 80 years earlier. The plaintiffs successfully argued that intelligent design is a form of creationism, and that the school board policy violated the Establishment Clause of the First Amendment to the United States Constitution. The judge's decision sparked considerable response from both supporters and critics.
Eleven parents of students in Dover, York County, Pennsylvania, near the city of York, sued the Dover Area School District over the school board requirement that a statement presenting intelligent design as "an explanation of the origin of life that differs from Darwin's view" was to be read aloud in ninth-grade science classes when evolution was taught.Following the change in curriculum, the school board had a nine-sentence (four-paragraph) statement prepared. In its final form it asserted that Darwin's "Theory is not a fact" and said that "Intelligent Design is an explanation of the origin of life that differs from Darwin's view. 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."pp. 126–128, Kitzmiller v. Dover Area School District, Memorandum Opinion, December 20, 2005 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 (TMLC). The Foundation for Thought and Ethics, publisher of Of Pandas and People, tried to join the lawsuit late as a defendant but was denied for multiple reasons."Memorandum and Order". Kitzmiller v. Dover Area School District. United States District Court for the Middle District of Pennsylvania. July 27, 2005. Archived from the original on September 28, 2005.
The suit was brought in the U.S. District Court for the Middle District of Pennsylvania seeking declaratory and injunctive relief. Since it sought a purely equitable remedy, under the Seventh Amendment, the right to a jury trial did not apply. It was tried in a bench trial from September 26, 2005, to November 4, 2005, before Judge John E. Jones III, a Republican appointed in 2002 by George W. Bush.
Outcomes
Legal On December 20, 2005, Jones issued his 139-page findings of fact and decision ruling that the Dover mandate requiring the statement to be read in class was unconstitutional. The ruling concluded that intelligent design is not science, and permanently barred the board from requiring teachers to denigrate or disparage the scientific theory of evolution, and from requiring ID to be taught as an alternative theory.
Local school board All eight of the Dover school board members who were up for re-election on November 8, 2005, were defeated by a set of challengers who opposed the teaching of intelligent design in a science class. (The ninth member was not up for re-election.) The new school board president subsequently stated that the board did not intend to appeal the ruling.Powell, Michael (December 21, 2005). "Judge Rules Against 'Intelligent Design'". The Washington Post. The Pew Forum on Religion & Public Life. Archived from the original on June 21, 2009.
Background
From 2002, William (Bill) Buckingham and Alan Bonsell, members of the Dover Area School District Board of Education who were young Earth creationists, had made various statements supporting teaching creationism alongside evolution. At a board meeting on June 7, 2004, Buckingham mentioned creationism and raised objections to the proposed use of the textbook Biology written by Kenneth R. Miller and Joseph S. Levine, describing it as "laced with Darwinism" and saying it was "inexcusable to have a book that says man descended from apes with nothing to counterbalance it."
This story made the York newspapers, and Buckingham was telephoned by Discovery Institute staff attorney Seth Cooper, whose tasks included "communicating with legislators, school board members, teachers, parents and students" to "address the topic of ID in a scientifically and educationally responsible way" in public schools. He later stated that he made the call to "steer the Dover Board away from trying to include intelligent design in the classroom or from trying to insert creationism into its ", an account Buckingham has disputed. Cooper sent the book and DVD of Icons of Evolution to Buckingham, who required the Dover High School science teachers to watch the DVD. They did not take up the opportunity to use it in their classes.
Cooper advised that the Discovery Institute was not offering legal advice, and soon afterwards Buckingham contacted Richard Thompson of the Thomas More Law Center, who agreed to represent the Dover Board, and recommended the book Of Pandas and People. On October 18, 2004, the school board voted 6–3 resolving that there were to be lectures on the subject, with Pandas as a reference book, and that the following statement was to be added to their biology curriculum: "Students will be made aware of the gaps/problems in Darwin's theory and of other theories of evolution including, but not limited to, intelligent design. Note: Origins of life is not taught."
On November 19, 2004, the Dover Area School District issued a press release stating that, commencing in January 2005, teachers would be required to read the following statement to students in the ninth-grade biology class at Dover High School:
The three school board members who voted against it resigned in protest, and science teachers in the district refused to read the statement to their ninth-grade students, citing the Pennsylvania state code 235.10(2), which requires that "The professional educator may not ... Knowingly and intentionally misrepresent subject matter or curriculum." Instead, the statement was read to students by a school administrator.
The school board's statement asserting that there are "gaps" in evolution and that it specifically is a theory "not a fact" singled out evolution, implying it is just a hunch, even though this is not the actual meaning of the term "scientific theory". The reference to Of Pandas and People and presentation of intelligent design as an alternative "explanation of the origins of life" presented it as though it were a scientific explanation, in contrast to the way that evolution was described. Encouraging students to "keep an open mind" about alternatives without offering an alternative scientific explanation implied an invitation to meditate on a religious view, endorsing the religious view in a way similar to the disclaimer found to be unconstitutional in the Freiler v. Tangipahoa Parish Board of Education case. The school board claimed the statement does not teach intelligent design and simply makes students aware of its existence as an alternative to evolution, but no such statements were made about other subjects. As part of the presentation, the administrators stated that "there will be no other discussion of the issue and your teachers will not answer questions on the issue", giving intelligent design a position not applied to scientific topics.pp. 43–46, Kitzmiller v. Dover Area School District, Memorandum Opinion, December 20, 2005 The board denied that intelligent design was "religion in disguise," despite being represented in court by the Thomas More Law Center, a conservative Christian not-for-profit law center that uses litigation to promote "the religious freedom of Christians and time-honored family values". Its stated purpose is "... to be the sword and shield for people of faith".
The American Civil Liberties Union filed suit on December 14, 2004, on behalf of eleven parents from the Dover school district, and sought a law firm willing to take on the case at the risk of not being paid if the case was lost. Eric Rothschild, a partner at Pepper Hamilton LLP and a member of the National Center for Science Education legal advisory council, was quick to agree to take the case on such a contingency basis.
The Discovery Institute's John West said the case displayed the ACLU's "Orwellian" effort to stifle scientific discourse and objected to the issue being decided in court. "It's a disturbing prospect that the outcome of this lawsuit could be that the court will try to tell scientists what is legitimate scientific inquiry and what is not," West said. "That is a flagrant assault on free speech." Opponents, represented by the American Association for the Advancement of Science and the National Association of Biology Teachers, contended that his statement is not just ironic, but hypocritical, as the Discovery Institute opposes methodological naturalism, the basic principle that limits science to natural phenomena and natural causes without assuming the existence or non-existence of the supernatural, which by definition is beyond natural explanation.
Despite its earlier involvement, the Discovery Institute was concerned that this would be a test case and that the defendants had earlier displayed their religious motivations. This tension led to disagreements with the Thomas More Law Center and the withdrawal of three Discovery Institute fellows as defense experts prior to their depositions – William A. Dembski, Stephen C. Meyer and John Angus Campbell. This was purportedly because the Thomas More Law Center refused to allow these witnesses to have their own attorneys present during deposition,"Discovery Institute and Thomas More Law Center Squabble in AEI Forum". National Center for Science Education. October 23, 2005. but Discovery Institute director Bruce Chapman later said that he had asked them not to testify (as well as Behe and Minnich, who testified anyway).Postman, David (April 26, 2006). "Seattle's Discovery Institute scrambling to rebound after intelligent-design ruling". The Seattle Times.