Request to dismiss intelligent design challenge rejected

Request to dismiss intelligent design challenge rejected

Wednesday, September 14, 2005

BY BILL SULON Of The Patriot-News

A federal judge yesterday turned down a request by the Dover Area School Board to dismiss a lawsuit filed by parents challenging the presentation of "intelligent design" in the public school's science classrooms.

The ruling by Judge John E. Jones III clears the way for a trial, scheduled to begin Sept. 26 in U.S. District Court in Harrisburg, on the issue of whether biology teachers in the Dover Area School District should present intelligent design as an alternative to evolution.

Lawyers and national organizations representing 11 parents in the district filed suit to bar references to "intelligent design" after the board voted last year to require teachers to mention the theory in class, and to refer students to a book in the library on the subject.

Supporters of intelligent design believe that the universe and living things are best explained by the existence of a guiding force.

Opponents say intelligent design is based in religious beliefs, has no scientific foundation and, like creationism, does not belong in public school science classes.

Jones cited the First Amendment's Establishment Clause, which provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

He said the U.S. Supreme Court ruled in 1971 that a government-sponsored message violates the First Amendment if that message does not have a secular purpose, its primary effect advances or inhibits religion, or it excessively entangles government and religion.

In rejecting the school board's request to dismiss the challenge to intelligent design, Jones said "genuine issues" exist regarding "whether the challenged policy has a secular purpose and whether the policy's principal or primary effect advance [the school board's] arguments to the contrary."

He said the parents who want "intelligent design" to be kept out of the classroom are not claiming that the school board's policy creates entanglement problems.

Parents opposed to the school board's policy are represented by the American Civil Liberties Union of Pennsylvania and Americans United for Separation of Church and State.

BILL SULON: 255-8144 or bsulon@patriot-news.com

©2005 The Patriot-News

Source:http://www.pennlive.com/news/patriotnews/index.ssf?/base/news/1126689740281120.xml&coll=1

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