Scopes, 2005: 'Design' Theory Faces Legal Test

By SUZANNE SATALINE
Staff Reporter of THE WALL STREET JOURNAL
September 22, 2005; Page B1

Debates about the boundaries of science and religion that marked the
famous Scopes trial in 1925 are likely to unfold next week at a
Harrisburg, Pa., federal courthouse in the first legal test of an
anti-evolution doctrine known as "intelligent design."

Aided by the American Civil Liberties Union, 11 parents of Dover, Pa.,
schoolchildren have filed a federal lawsuit against that town's school
board, accusing it of violating the principle of separation of church
and state. The school board requires that at the beginning of the 9th
grade unit on evolution, teachers are supposed to read a statement to
a biology class: "Because Darwin's theory is a theory, it continues to
be tested as new evidence is discovered. The theory is not a
fact...Intelligent Design is an explanation of the origin of life that
differs from Darwin's view."

Science teachers balked and many Dover parents were angered as well.
The plaintiffs are asking the court to void the intelligent-design
policy in the class.

The intelligent-design doctrine asserts that some natural processes
are so complex and ingenious that they must have been created by an
intelligent or supernatural cause -- perhaps God -- rather than the
randomness of natural selection.

Kitzmiller et al. v. Dover Area School District is expected to draw
national media attention as well as expert witnesses from Brown
University and other prominent institutions. The trial, slated to last
five weeks, will be monitored by scientists, educators and politicians
around the country. The trial will not be televised.

The outcome is likely to influence state school boards in Kansas and
Ohio, which have moved toward allowing teachers to critique Darwin's
theory, as well as policies in many individual school districts. "The
results of the Dover trial will be extremely significant for American
public school education," said Eugenie Scott, executive director of
the nonprofit National Center for Science Education, based in
California, an organization that advocates teaching evolution and
advised the plaintiff's team on science matters.

"If the judge rules in favor of the plaintiffs, then this will truly
throw sand in the gears of efforts to get intelligent design taught at
the high school level," said Ms. Scott. "If the judge rules...for the
district, I think this will give a green light to school districts
that would like to introduce some form of creationism in the
classroom."

The Seattle-based Discovery Institute, the leading backers of
intelligent design, say they are delving into scientific mysteries to
explain such biological developments as the workings of cells. "We
don't say God designed," said John West, associate director for the
institute's Center for Science and Culture. "It's not about trying to
reconcile science with some religious text. It's about this
longstanding question in biology about the appearance of design."

The trial also has potential ramifications for public higher
education, where the evolution-creation dispute is heating up. The
University of California at Berkeley faces a lawsuit from students at
Christian private schools who say they can't go to the prestigious
campus because the science courses they took -- based on
anti-evolution textbooks -- don't fulfill its admission requirements.
At Ohio State University, a review of a doctoral dissertation in
science education by an intelligent-design proponent was put on hold
this spring after faculty protests. And at Iowa State University,
where a faculty member who teaches astronomy wrote a book contending
that the Earth must have been created by design, more than 120 faculty
signed a petition this year saying that intelligent design is not
science.

Critics of intelligent design, who include most mainstream biologists,
say it is religion masquerading as science -- essentially, the latest
evolution of creationism. But Christian educators and
intelligent-design backers were heartened last month when President
Bush said that both sides of the origins debate should be taught. "It
is a legitimate controversy among scientists and credible scientists
believe that intelligent design is a better explanation for complex
biological systems than we have seen," said Richard Thompson, defense
attorney for the Dover school board and chief counsel with the
not-for-profit Christian law group, the Thomas More Law Center.

The Dover Area School District was the first in the nation to include
a mention of intelligent design in the science curriculum. For now,
the theory isn't actually taught.

"The intent [by Dover officials] is to systematically destroy the
theory of evolution because the theory tells the students we came from
monkeys," said plaintiff Bryan Rehm, who has a daughter in ninth grade
at Dover High. "According to them we didn't come from monkeys. God
made us as the way we are today...That's fine, but that's not science.
That's the book of Genesis. And the last time I checked, the Bible is
still a religious text."

The jury at the carnival-esque Scopes trial in 1925 supported a
Tennessee law making it unlawful "to teach any theory that denies the
story of divine creation as taught by the Bible." But the legal tide
since has not been kind to evolution opponents. The U.S. Supreme Court
struck down the last of the Scopes-type anti-evolution laws in
Epperson v. Arkansas in 1968, and lower courts followed suit in
scuttling so-called "equal time" laws that required schools to teach
creation science. In January, a federal court ordered Cobb County,
Ga., to remove evolution warning labels on biology texts, saying they
had "an impermissible effect" of promoting religion. That decision is
on appeal.

Nevertheless, the anti-evolution forces have pressed on. The Kansas
Board of Education voted in August to include greater criticism of
evolution in its school-science standards -- which lists all aspects
of the subject teachers should present. An outside academic agency is
reviewing the proposed curriculum and it comes up for a vote in
October. In 2002, Ohio adopted science standards requiring students to
examine criticisms of biological evolution.

Opponents of intelligent design are monitoring several school
districts in New Mexico, including Rio Rancho, where the school board
agreed recently to allow evolution alternatives to be broached in
class. Efforts to change science standards have also sprung up in
school districts in Maryland, Minnesota, Wisconsin and Michigan.

Mr. Rehm, the Dover parent, and a former Dover physics teacher, said
either way, no one in his community wins.

"If the school board gets it in its favor, we've got one more place in
the country where kids aren't getting an acceptable science
education," Mr. Rehm said. "And if we win, the school board gets stuck
footing the bill" for legal expenses.

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