Federal judge: Intelligent design unconstitutional
Far-reaching decision concludes that ID isn't science
By Amy Worden
Philadelphia Enquirer
A federal judge today declared the teaching of intelligent design in Dover Area School District unconstitutional, saying an "ill-informed faction on a school board" adopted a policy that violated the separation of church and state.
In a far-reaching decision, Judge John E. Jones 3d concluded that intelligent design is not science.
"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."
He scolded the board's majority for requiring teachers to read a statement to high school biology students that noted "gaps" in Darwin's theory of evolution and directed them to a book on intelligent design in the school library.
"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."
Jones said those who disagree with the decision - the first-ever federal trial on the teaching of intelligent design - "will likely mark it as the product of an activist judge." But the judge, a Republican appointed to the bench by President Bush, said "this is manifestly not an activist Court." (emphasis mine)
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While I agree with Judge Jones, I am reminded of the fact that people have been arrested in this country for reading both the Constitution and the Bill of Rights in public. With the current majority party firmly in the grip of America's own Taliban, I fear it won't be too much longer before upholding the Constitution is considered a hallmark of "judicial activism" and its practioners villified accordingly.