The Estimable Ed Brayton has some coverage of the Intelligent Design court decision coming out of the Dover case. He provides a mirror of the court decision here (pdf). Ed had been very diligent in his coverage of the Intelligent Design issue over at In the Agora but has (I believe) stopped writing for that group blog. However, he continues his coverage of the issue at his own blog, Dispatches from the Culture Wars.
Specifically on today’s decision, he has:
Best Possible Outcome in Dover and Judge Jones’ conclusion.
As many folks may recall, the Dover case had to do with the Dover, PA school board’s requirement that science classes make students read a disclaimer about evolution stating that it contained “inexplicable gaps” and referring them to consideration of Intelligent Design theories. I’ll quote from Ed’s quote of Judge Johnson’s thundering conclusion:
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.
Both Defendants and many of the leading proponents of ID make a bedrock assumption which is utterly false. Their presupposition is that evolutionary theory is antithetical to a belief in the existence of a supreme being and to religion in general. Repeatedly in this trial, Plaintiffs’ scientific experts testified that the theory of evolution represents good science, is overwhelmingly accepted by the scientific community, and that it in no way conflicts with, nor does it deny, the existence of a divine creator.
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. The citizens of the Dover area were poorly served by the members of the Board who voted for the ID Policy. It is ironic that several of these individuals, who so staunchly and proudly touted their religious convictions in public, would time and again lie to cover their tracks and disguise the real purpose behind the ID Policy.
With that said, we do not question that many of the leading advocates of ID have bona fide and deeply held beliefs which drive their scholarly endeavors. Nor do we controvert that ID should continue to be studied, debated, and discussed. As stated, our conclusion today is that it is unconstitutional to teach ID as an alternative to evolution in a public school science classroom.
Those who disagree with our holding will likely mark it as the product of an activist judge. If so, they will have erred as this is manifestly not an activist Court. Rather, this case came to us as the result of the activism of an ill-informed faction on a school board, aided by a national public interest law firm eager to find a constitutional test case on ID, who in combination drove the Board to adopt an imprudent and ultimately unconstitutional policy. 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. 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.
The Board’s decision to mandate intelligent design in science classes resulted in all 8 members up for election being swept out in last November’s elections. As of this past November, Indiana’s Republicans wanted to introduce intelligent design legislation. According to Representative Hinkle, evolution isn’t science.
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