by the United States District Court for the Middle District of Pennsylvania

“ To be sure, Darwin's theory of evolution is imperfect. However, the fact that a scientific theory cannot yet render an explanation on every point should not be used as a pretext to thrust an untestable alternative hypothesis grounded in religion into the science classroom or to misrepresent well-established scientific propositions. ”

“ 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, for the reasons that follow. ”

“ Plaintiffs accurately submit that reviewing courts often make no distinction between an adult observer and a student observer when deciding whether a public school's conduct conveys an unconstitutional message of religious endorsement. ”

“ Since natural selection can only choose systems that are already working, then if a biological system cannot be produced gradually it would have to arise as an integrated unit, in one fell swoop, for natural selection to have anything to act on. ”

“ NAS is in agreement that science is limited to empirical, observable and ultimately testable data: "Science is a particular way of knowing about the world. In science, explanations [*736] are restricted to those that can be inferred from the confirmable data—the results obtained through observations and experiments that can be substantiated by other scientists. Anything that can be observed or measured is amenable to scientific investigation. Explanations that cannot be based upon empirical evidence are not part of science." ”

“ As previously noted, the final version of the statement prepared by Defendants to be read to students in ninth grade biology class states, as follows:
The Pennsylvania Academic Standards require students to learn about Darwin's Theory of Evolution and eventually to take a standardized test of which evolution is a 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. A theory is defined as a well-tested explanation that unifies a broad range of observations. ”

“ The court in McLean stated that creation science rested on a "contrived dualism" that recognized only two possible explanations for life, the scientific theory of evolution and biblical creationism, treated the two as mutually exclusive such that "one must either accept the literal interpretation of Genesis or else believe in the godless system of evolution," and accordingly viewed any critiques of evolution as evidence that necessarily supported biblical creationism. ”

“ Evolution is subsequently denigrated and claims that have not been advanced, must less proven in the scientific community, are elaborated upon in the newsletter. "In simple terms, on a molecular level, scientists have discovered a purposeful arrangement of parts, which cannot be explained by Darwin's theory. In fact, since the 1950s, advances in molecular biology and chemistry have shown us that living cells, the fundamental units of life processes, cannot be explained by chance." ”

“ In ascertaining whether an objective Dover High School ninth grade student would view the disclaimer as an official endorsement of religion, it is important to note that a reasonable, objective student is not a specific, actual student, or even an amalgam of actual students, but is instead a hypothetical student, one to whom the reviewing court imputes detailed historical and background knowledge, but also one who interprets the challenged conduct in light of that knowledge with the level of intellectual sophistication that a child of the relevant age would bring to bear. ”

“ As expert testimony revealed, the qualification on what is meant by "irreducible complexity" renders it meaningless as a criticism of evolution. (3:40 (Miller) ) . In fact, the theory of evolution proffers exaptation as a well-recognized, well-documented explanation for how systems with multiple parts could have evolved through natural means. Exaptation means that some precursor of the subject system had a different, selectable function before experiencing the change or addition that resulted in the subject system with its present function (16:146–48 (Padian) ) . ”

“ It is a way for scientists to write up their empirical research and to share the work with fellow experts in the field, opening up the hypotheses to study, testing, and criticism. (1:66–69 (Miller) ) . In fact, defense expert Professor Behe recognizes the importance of the peer review process and has written that science must "publish or perish." (22:19–25 (Behe) ) . Peer review helps to ensure that research papers are scientifically accurately, meet the standards of the scientific method, and are relevant to other scientists in the field. ”

“ The Supreme Court further held that the belief that a supernatural creator was responsible for the creation of human kind is a religious viewpoint and that the Act at issue "advances a religious doctrine by requiring either the banishment of the theory of evolution from public school classrooms or the presentation of a religious viewpoint that rejects evolution in its entirety." ”

“ In fact, one consistency among the Dover School Board members' testimony, which was marked by selective memories and outright lies under oath, as will be discussed in more detail below, is that they did not think they needed to be knowledgeable about ID because it was not being taught to the students. We disagree. Dr. Alters, the District's own science teachers, and Plaintiffs Christy Rehm and Steven Stough, who are themselves teachers, all made it abundantly clear by their testimony that an educator reading the disclaimer is engaged in teaching, even if it is colossally bad teaching. ”

“ We are in agreement with Plaintiffs that when a governmental practice bearing on religion occurs within view of the entire community, the reasonable observer is an objective, informed adult within the community at large, even if the specific practice is directed at only a subset of that community, as courts routinely look beyond the government's intended audience to the broader listening audience. ”

“ In addition, Phillip Johnson states that the "Darwinian theory of evolution contradicts not just the Book of Genesis, but every word in the Bible from beginning to end. It contradicts the idea that we are here because a creator brought about our existence for a purpose." (11:16–17 (Forrest) ; P-524 at 1) . ID proponents Johnson, William Dembski, and Charles Thaxton, one of the editors of Pandas, situate ID in the Book of John in the New Testament of the Bible, which begins, "In the Beginning was the Word, and the Word was God." ”

“ Consider, for example, that the Supreme Court in Santa Fe stated it presumed that "every Santa Fe High School student understands clearly" that the school district's policy "is about prayer," and not student free speech rights as the school board had alleged, and the Supreme Court premised that presumption on the principle that "the history and ubiquity" of the graduation prayer practice "provides part of the context in which a reasonable observer evaluates whether a challenged governmental practice conveys a message of endorsement of religion." ”

“ Whether ID is Science After a searching review of the record and applicable caselaw, we find that while ID arguments may be true, a proposition on which the Court takes no position, ID is not science. We find that ID fails on three different levels, any one of which is sufficient to preclude a determination that ID is science. ”

“ On cross-examination, Professor Behe admitted that: "There are no peer reviewed articles by anyone advocating for intelligent design supported by pertinent experiments or calculations which provide detailed rigorous accounts of how intelligent design of any biological system occurred." (22:22–23 (Behe) ) . Additionally, Professor Behe conceded that there are no peer-reviewed papers supporting his claims that complex molecular systems, like the bacterial flagellum, the blood-clotting cascade, and the immune system, were intelligently designed. ”

“ Five years after McLean was decided, in 1987, the Supreme Court struck down Louisiana's balanced-treatment law in Edwards for similar reasons. After a thorough analysis of the history of fundamentalist attacks against evolution, as well as the applicable legislative history including statements made by the statute's sponsor, and taking the character of organizations advocating for creation science into consideration, the Supreme Court held that the state violated the Establishment Clause by "restructur [ing] the science curriculum to conform with a particular religious viewpoint." ”

“ In the "Five Year Strategic Plan Summary," the Wedge Document explains that the social consequences of materialism have been "devastating" and that it is necessary to broaden the wedge with a positive scientific alternative to materialistic scientific theories, which has come to be called the theory of ID. "Design theory promises to reverse the stifling dominance of the materialist worldview, and to replace it with a science consonant with Christian and theistic convictions." ”

“ Despite the scientific community's overwhelming support for evolution, Defendants and ID proponents insist that evolution is unsupported by empirical evidence. Plaintiffs' science experts, Drs. Miller and Padian, clearly explained how ID proponents generally and Pandas specifically, distort and misrepresent scientific knowledge in making their anti-evolution argument. ”

“ ID, as noted, is grounded in theology, not science. Accepting for the sake of argument its proponents', as well as Defendants' argument that to introduce ID to students will encourage critical thinking, it still has utterly no place in a science curriculum. Moreover, ID's backers have sought to avoid the scientific scrutiny which we have now determined that it cannot withstand by advocating that the controversy, but not ID itself, should be taught in science class. ”

“ Alters and Miller testified, introducing ID necessarily invites religion into the science classroom as it sets up what will be perceived by students as a "God-friendly" science, the one that explicitly mentions an intelligent designer, and that the "other science," evolution, takes no position on religion. ”

“ The February 2005 newsletter was mailed to every household in Dover. Even those individuals who had no children, never attended a Dover Beard meeting, and never concerned themselves with learning about school policies, were directly confronted and made the "listening audience" for the District's announcement of its sponsorship of a religious viewpoint. Thus, the February 2005 newsletter was an astonishing propaganda discourse which succeeded in advising the few individuals who were by that time not aware that a firestorm had erupted over ID in Dover. ”

“ Miller stated, just because scientists cannot explain every evolutionary detail does not undermine its validity as a scientific theory as no theory in science is fully understood. (3:102 (Miller) ) .
As referenced, the concept of irreducible complexity is ID's alleged scientific centerpiece. Irreducible complexity is a negative argument against evolution, not proof of design, a point conceded by defense expert Professor Minnich. (2:15 (Miller) ; 38:82 (Minnich) ) (irreducible complexity "is not a test of intelligent design; it's a test of evolution") . ”

“ Parents of ninth grade biology students who are subject to the ID Policy are sent a letter when their children are taking biology, "asking if anyone ha [s] a problem with the [disclaimer] statement," and calling on them to decide whether to allow their children to remain in the classroom and hear the religious message or instead to direct their children to leave the room. (P-124) . When parents must give permission for their children to participate in an activity, the Supreme Court has held that the parents are the relevant audience for purposes of the endorsement. ”

“ October 7, 2004—Board Curriculum Committee Drafted Curriculum Change In September 2004, acting on instructions of the Board, Baksa prepared a change to the biology curriculum which stated: "Students will be made aware of gaps in Darwin's theory and of other theories of evolution" and contained no reference text. (P-73; 35:122 (Baksa) ) . The Court has been presented with no evidence that the Board asked Baksa to initiate such changes to the biology curriculum to [*757] improve science education in the Dover school system, as will be elaborated upon below. ”

“ We initially note that John Haught, a theologian who testified as an expert witness for Plaintiffs and who has written extensively on the subject of evolution and religion, succinctly explained to the Court that the argument for ID is not a new scientific argument, but is rather an old religious argument for the existence of God. ”

“ The evidence at trial demonstrates that ID is nothing less than the progeny of creationism. What is likely the strongest evidence supporting the finding of ID's creationist nature is the history and historical pedigree of the book to which students in Dover's ninth grade biology class are referred, Pandas. ”