'Intelligent design' trial wraps up

Judge hopes to rule by January on whether concept promotes religion

Published: Sunday, Nov. 6 2005 12:00 a.m. MST

Attorney Eric Rothschild talks to the media at the federal courthouse in Harrisburg, Pa., Friday following closing arguments in the trial over whether a school board intended to promote religion when it included "intelligent design" in a high-school biology curriculum.

Jason Plotkin, Associated Press

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HARRISBURG, Pa. — A federal judge is contemplating whether the mandatory teaching of "intelligent design" improperly promotes religion in schools, after the historic evolution trial drew to a close.

Federal Judge John E. Jones III said he wanted to issue a ruling by January, the latest legal chapter in the decades-long debate over the teaching of evolution in public school.

The six-week trial in Pennsylvania featured expert witnesses debating the scientific merits of the intelligent design concept and clashes over whether creationism was discussed in school board meetings months before the curriculum changed in 2004.

Eight families asked the judge to overturn the policy of the Dover Area School District, which requires students hear a statement about intelligent design before ninth-grade biology lessons on evolution.

Intelligent design holds that the universe is so complex that it must have been created by some kind of higher force. Critics say it's merely creationism — a literal reading of the Bible's story of creation — camouflaged in scientific language.

"Intelligent design became the label for the board's desire to teach creationism," Eric Rothschild, who represents the families, said in closing arguments Friday. He said it violates the constitutional separation of church and state.

But school board attorney Patrick Gillen said the policy was intended to call attention to "a new, fledgling science movement."

The statement read to students says Charles Darwin's theory is "not a fact" and has inexplicable "gaps." It refers students to an intelligent-design textbook, "Of Pandas and People," for more information.

Dover is believed to be the first school system in the nation to require students be exposed to the intelligent design concept, under a policy adopted by a 6-3 vote in October 2004.

The school district's policy "has the primary purpose and primary effect of advancing science education," Gillen said.

Earlier Friday, the defense concluded its case with testimony from University of Idaho microbiology professor Scott Minnich, who supports discussing the concept in high school science classes.

Minnich said articles on intelligent design are not found in the major peer-reviewed scientific journals because it is a minority view.

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