Dover Area School District federal court case involving intelligent design and the book 'Of Pandas and People'. Judgment Day: Intelligent Design on Trial. PBS Airdate: November 13, 2007. NARRATOR: Dover, Pennsylvania: like much of the United States, Dover has become a town divided. Scientific Facts in the Bible: 100 Reasons to Believe the Bible is Supernatural in Origin (ISBN 0882708791) is a book written by Ray Comfort, as an attempt. ![]() Dover: Decision of the Court. Jones III, who was nominated by President George W. Bush, made a very. Judge Jones. December 2. On. October 1. 8, 2. Defendant Dover Area School Board of. Directors passed by a 6- 3 vote the following resolution: Students. Darwin's theory and of. Note: Origins of Life is not taught. On. November 1. 9, 2. Defendant Dover Area School District. January 2. 00. 5. Dover High. Pennsylvania Academic Standards require students to learn. Darwin's Theory of Evolution and eventually to take a. Because. Darwin's Theory is a theory, it continues to be tested as new. The Theory is not a fact. Gaps in the. Theory exist for which there is no evidence. A theory is defined. Intelligent Design is an explanation of the origin. Darwin's view. The reference book, Of. Pandas and People, is available for students who might be. Intelligent Design.
With. respect to any theory, students are encouraged to keep an open. The school leaves the discussion of the Origins of Life to. As a Standards- driven. Standards- based assessments. On. December 1. 4, 2. Plaintiffs filed the instant suit challenging. Project organized to promote the rights of street vendors. Evolution News and Views (ENV) provides original reporting and analysis about the debate over intelligent design and evolution. October 1. 8, 2. 00. November 1. 9, 2. It is contended that the ID Policy constitutes an. First Amendment to. United States Constitution, which is made applicable to the. Fourteenth Amendment, as well as the Constitution. Commonwealth of Pennsylvania. Plaintiffs seek declaratory. Court's jurisdiction arises under. U. S. C. In addition, the power to issue. U. S. C. This Court has supplemental jurisdiction over. Plaintiffs' cause of action arising under the Constitution of the. Commonwealth of Pennsylvania pursuant to. U. S. C. Venue is proper in this District under. U. S. C. Bryan and Christy Rehm, residents of Dover. Pennsylvania are parents of a child in the eighth grade, a child. Dover Area. School District, and a child of pre- school age. They intend for. their children to attend Dover High School. Bryan Rehm learned of. Dover Area High School. Before and after. Board meetings. His wife. Plaintiff Christy Rehm learned of the biology curriculum. Board meetings in 2. Leib, residents of Dover, Pennsylvania are. Dover High School. Dover Area School. District. They intend for their seventh grade child to attend. Dover High School. Leib first learned of a change in the biology. Steven Stough, resident. Dover, Pennsylvania is a parent of a child in the eighth grade. Dover Area School District and intends for his child to. Dover High School. Stough did not attend any Board. December 2. 00. 4 and prior to that, he had learned of. Eveland attended her first Board meeting on June 1. Prior to that, she had learned of the issues relating to. York Daily Record newspaper. Cynthia Sneath, resident of Dover, Pennsylvania is. Dover Area School. District and a child of pre- school age who intends for her. Dover High School. Sneath attended her first. Board meeting on October 1. Julie Smith, resident of York, Pennsylvania is. Dover High School. Aralene (hereinafter . Callahan, residents of Dover, Pennsylvania are parents of a. Dover High School. Barrie Callahan. learned of the biology curriculum controversy by virtue of her. Board member and from attending Board. Fred Callahan learned of the biology curriculum. Barrie and from. attending Board meetings. The. Defendants include the Dover Area School District (hereinafter. DASD is a municipal corporation governed by a board of directors. Board. The DASD is comprised of Dover Township. Washington Township, and Dover Borough, all of which are located. York County, Pennsylvania. There are approximately 3,7. DASD, with approximately 1,0. Dover. High School. This Memorandum Opinion constitutes the Court's findings. Court's. review of the evidence presented at trial, the testimony of the. Further orders and judgments will be in. As we. will review the federal jurisprudential legal landscape in detail. The. religious movement known as Fundamentalism began in nineteenth. America as a response to social changes, new religious. Darwinism. Religiously motivated groups pushed state. Scopes . 1. 05 (1. Supreme Court struck. Arkansas's statutory prohibition against teaching evolution. Fundamentalist opponents of evolution responded. Daniel's reasoning. First. Amendment, namely, to utilize scientific- sounding language to. Mc. Lean, the. Supreme Court held that a requirement that public schools teach. The import of Edwards is. Supreme Court turned the proscription against teaching. Having. briefly touched upon the salient legal framework, it is evident. Establishment Clause claims. We initially observe that the. Establishment Clause of the First Amendment of the United States. Constitution provides that . The prohibition against the. Fourteenth Amendment. Allegheny County, 3. F. 3d 3. 97. 4. 00 (3d Cir. Wallace v. 3. 8, 4. ID Policy is unconstitutional. First Amendment is that of Lemon v. Lemon test to. strike down Louisiana's . Arkansas statute forbidding the teaching of evolution in public. Defendants, however, object to using the endorsement. Establishment Clause cases, including a policy or practice in. After. a searching review of Supreme Court and Third Circuit Court of. Appeals precedent, it is apparent to this Court that both the. Lemon test. should be employed in this case to analyze the constitutionality. ID Policy under the Establishment Clause, for the reasons. Since. a majority of the Supreme Court first implemented the endorsement. County of Allegheny v. Supreme Court and the Third Circuit have consistently. Establishment Clause cases. In. Santa Fe Independent Sch. Supreme Court applied the endorsement test. In. Santa Fe, the Supreme Court clearly. O'Connor, J., concurring)). Simmons- Harris, 5. U. S. 6. 39, 6. 52- 5. Supreme Court applied the endorsement test to a. Agostini v. 2. 03 (1. Supreme Court applied the test to programs providing governmental. Rector & Visitors of the. University of Virginia, 5. U. S. 8. 19, 8. 41- 4. Supreme Court applied the endorsement test to a public. Defendants maintain that this Court should not. ID Policy because. Supreme Court did not apply the test to the creationism. Epperson and Edwards. As Plaintiffs aptly state. Epperson was decided in 1. Lemon, and accordingly nearly two. Justice O' Connor first began to articulate the. Lemon. In addition, not only did Edwards. Allegheny , but contrary to Defendants' assertion. Supreme C ourt did invoke at least the endorsement concept in. Moreover, it is. notable that Edwards was a . Additionally, in each cited case, the Supreme Court. It is readily apparent to this Court. Supreme Court precedent, the endorsement test. Applicable Third Circuit Court of Appeals. In Child Evangelism Fellowship v. Stafford Township Sch. Third Circuit. employed the endorsement test in considering whether a public. Establishment Clause if it. Also. in ACLU v. Black Horse Pike Reg'l Bd. Third Circuit. applied the endorsement test in considering a challenge to a. In Black Horse Pike, the Third Circuit clearly stated. In recent Third Circuit cases. Freethought Society v. Chester County, 3. F. 3d. 2. 47, 2. 61 (3d Cir. Modrovich, 3. 85 F. Child Evangelism, 3. F. 3d at 5. 30- 3. The Third Circuit. Lemon's. . The purpose and effect prongs of the. Lemon test represent these two aspects. In. Allegheny, the Supreme Court. The endorsement test. The test consists of the reviewing court determining. U. S. LEXIS 5. 21. O'Connor, J.. concurring). Knowi ng the challenged policy's legislative. Instead, the observer looks to that. To. answer that question, we must examine both what . The purpose and effect prongs of the. Lemon test represent these two aspects. F. 3d 3. 37 (5th Cir. We. must now ascertain whether the ID Policy . As the endorseme nt test is designed to ascertain. District's. conduct communicated in the community by focusing on how . First, we will. consider . At a minimum, the. We find it incumbent upon. Court to additionally judge Defendants' conduct from the. This. conclusion is based, in part, upon the revelation at trial that a. ID Policy in detail was mailed by the. Board to every household in the District, as well as the Board. The. history of the intelligent design movement (hereinafter . As a reasonable observer, whether adult or child, would. ID Policy arose, and. Defendants'. actions, it is necessary to trace the history of the IDM. It is. essential to our analysis that we now provide a more expansive. As noted, such opposition grew out of a. Christian Fundamentalism that began as part. Protestantism's response to, among other things. Charles Darwin's exposition of the theory of evolution as a. Subsequently, as the United States Supreme Court. Epperson, in an . Between the 1. 92. Although the Arkansas statute at issue did not include. Book of Genesis or to the fundamentalist. Supreme. Court concluded that . In Daniel, the Sixth. Circuit Court of Appeals held that by assigning a . However. this tactic was likewise unsuccessful under the First Amendment. The. terms 'creation science' and 'scientific creationism' have been. Fundamentalists as descriptive of their study of. In 1. 98. 2, the district court in Mc. Lean reviewed. Arkansas's balanced- treatment law and evaluated creation science. Scopes, Epperson, and. Fundamentalism's attack on the scientific. The court found that creation. The court in Mc. Lean stated. The. court concluded that creation science . After a thorough analysis of the history of. Supreme. Court held that the state violated the Establishment Clause by. For the reasons that follow, we conclude. ID would be readily apparent to an. We. initially note that John Haught, a theologian who testified as an. Plaintiffs and who has written extensively on. Court that the argument for ID is not a new scientific. God. He traced this argument back to at least Thomas. Aquinas in the 1. Wherever complex design exists, there must have. Haught Test., 7- 8, Sept. Haught. testified that Aquinas was explicit that this intelligent. The syllogism described by Dr. Haught is. essentially the same argument for ID as presented by defense. Professors Behe and Minnich who employ the. Behe Test., 5. 5- 5. Oct. 3. 8, Minnich. Test., 4. 4, Nov.
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