In addition, the Board resolution stated that this subject is to be covered in lecture form with Pandas to be a reference book. 9, Haught Test., 7-8, Sept. 30, 2005). The strength of the inference is quantitative; the more parts that are arranged, the more intricately they interact, the stronger is our confidence in design.
The concept of intelligent design (hereinafter "ID"), in its current form, came into existence after the Edwards case was decided in 1987.
After Barrie Callahan asked whether the Board would approve the purchase of the 2002 edition of the textbook entitled. Creationism had already been shown to be religious. Dist. vol.
(P-78 at 9).
(P-11 at 7; 9:13-14 (Haught)). As the National Academy of Sciences (hereinafter "NAS") was recognized by experts for both parties as the "most prestigious" scientific association in this country, we will accordingly cite to its opinion where appropriate. In that regard, there are no peer-reviewed articles supporting Professor Behe's argument that certain complex molecular structures are "irreducibly complex. The Discovery Institute, the think tank promoting ID whose CRSC developed the Wedge Document, acknowledges as "Governing Goals" to "defeat scientific materialism and its destructive moral, cultural and political legacies" and "replace materialistic explanations with the theistic understanding that nature and human beings are created by God." of Educ., 765 F. Supp.
Between 1996 and 2002, various studies confirmed each element of the evolutionary hypothesis explaining the origin of the immune system. The school leaves the discussion of the Origins of Life to individual students and their families. An individual's religious beliefs should have no impact on his or her ability to serve as a school board director, nor should a person's beliefs be used as a yardstick to measure the value of that service. Kitzmiller v. Dover Area School Dist., 379 F. Supp. denied, 419 U.S. 967, 95 S. Ct. 231, 42 L. Ed. 1, Miller Test., 141-42, Sept. 26, 2005; 9:10 (Haught); Trial Tr. [9] To further illustrate, we note the Third Circuit Court of Appeals' decision in Tenafly Eruv Ass'n v. Borough of Tenafly, 309 F.3d 144 (3d Cir.2002).
It can be found and is the topic of frequent discussion on the National Center for Science Education (NCSE) website. However, when such a distinction is drawn, as is appropriate to do under the circumstances of this case, courts have recognized that because students are more impressionable than adults, they may be systematically less effective than adults at recognizing when religious conduct is unofficial and therefore permissible.
Additionally, Professor Behe conceded that there are no peer-reviewed papers supporting his claims that complex molecular systems, like the bacterial flagellum, the blood-clotting cascade, and the immune system, were intelligently designed. (31:175, 181-82 (Geesey); 32:49-50 (Cleaver); 34:117-18, 124-25 (Harkins)). Testimony and cross examination of Dr. Robert Pennock, Plaintiff’s witnessSeptember 28, 2005, Cross examination of Dr. Kenneth Miller, Plaintiff’s witness Day twoSeptember 27, 2005, Cross examination of Dr. Kenneth Miller, Plaintiff’s witnessSeptember 26, 2005, Opening statements from Kitzmiller v. Dover.September 26, 2005, Background InformationAmicus BriefsDiscovery News ReleasesTrial Testimony, Setting the Record Straight about Discovery Institute’s Role in the Dover School District Case, Statement by attorney Seth L. Cooper Concerning Discovery Institute and the Decision in Kitzmiller v. Dover Area School Board Intelligent Design Case, A Comparison of Judge Jones Opinion in Kitzmiller v. Dover with Plaintiffs Proposed “Findings of Fact and Conclusions of Law”, PBS, Darwin & Dover: An Interview with Phillip Johnson, Top Questions and Answers about Intelligent Design, Questions and Answers about Discovery Institute, Text of Dover Intelligent Design Statement, AP Cites Discovery Institute’s Opposition to Dover School Board Policy, Over 700 Scientists Convinced by New Scientific Evidence That Darwinian Evolution is Deficient. Pandas was written by Dean Kenyon and Percival Davis, both acknowledged creationists, and Nancy Pearcey, a Young Earth Creationist, contributed to the work.
vol. The February 2005 newsletter was mailed to every household in Dover. Miller testified that Bonsell was specifically concerned that the teachers conveyed information to students in opposition to what parents presented at home leaving students with the impression that "somebody is lying." (17:42-43 (Padian); 11:32-33 (Forrest)). 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.
First, defense expert Professor Fuller agreed that ID aspires to "change the ground rules" of science and lead defense expert Professor Behe admitted that his broadened definition of science, which encompasses ID, would also embrace astrology. We do not find it coincidental that based upon the previously recited statements and history, some form of creationism was precisely what the Committee wanted to inject into Dover's science classrooms. The court further found that intelligent design is not science. Additionally, Nilsen complained to Jeff Brown that each Board President had a new set of priorities and Bonsell's priority was that of creationism.
Moreover, Defendants' asserted secular purpose of improving science education is belied by the fact that most if not all of the Board members who voted in favor of the biology curriculum change conceded that they still do not know, nor have they ever known, precisely what ID is.
The record contains no evidence of any public Board meetings in which the Board discussed ID; however, the evidence does show that the Board discussed creationism within that six month period. (23:61-73 (Behe)). To that end, expert testimony from Drs. Dr. Miller testified that a false duality is produced: It "tells students ... quite explicitly, choose God on the side of intelligent design or choose atheism on the side of science." at 55.
As no evidence in the record indicates that any other scientific proposition's validity rests on belief in God, nor is the Court aware of any such scientific propositions, Professor Behe's assertion constitutes substantial evidence that in his view, as is commensurate with other prominent ID leaders, ID is a religious and not a scientific proposition.
at 1309. As we will discuss in more detail below, the inescapable truth is that both Bonsell and Buckingham lied at their January 3, 2005 depositions about their knowledge of the source of the donation for Pandas, which likely contributed to Plaintiffs' election not to seek a temporary restraining order at that time based upon a conflicting and incomplete factual record. (P-84A; P-84B).
Second, Professor Minnich testified that for ID to be considered science, the ground rules of science have to be broadened so that supernatural forces can be considered. (Brown); 3:137-38 (B. Callahan); 30:89-90, 105-06, 110-11 (Bernhard-Bubb); 31:60, 66 (Maldonado)). (30:32-33 (Buckingham)). ID, as noted, is grounded in theology, not science.
In Defendants' Motion for Summary Judgment they raised the issue of standing by way of footnote and subsequently raised it in their posttrial submissions.
Finally, after the meeting, Buckingham stated: "This country wasn't founded on Muslim beliefs or evolution. They were using a text book from the Foundation for Thought and Ethics called "Of Pandas and People" written by Percival Davis and Dean Kenyon. v Dover Area School District et al. As the Lemon test is disjunctive, either an improper purpose or an improper effect renders the ID Policy invalid under the Establishment Clause.[19]. Despite this collective failure to understand the concept of ID, which six Board members nonetheless felt was appropriate to add to ninth grade biology class to improve science education, the Board never heard from any person or organization with scientific expertise about the curriculum change, save for consistent but unwelcome advices from the District's science teachers who uniformly opposed the change.
Intelligent design is another explanation saying that life was developed by a smarter being. Dr. Padian bluntly and effectively stated that in confusing students about science generally and evolution in particular, the disclaimer makes students "stupid."
Second, Buckingham, Chair of the Curriculum Committee at the time, admitted that he had no basis to know whether ID amounted to good science as of the time of his first deposition, which was two and a half months after the ID Policy was approved, yet he voted for the curriculum change.
OUR OPINION: Investigate perjury in Dover ID case Judge Jones issued a broad, sensible ruling - finding that some board members lied. Pursuant to Fed.R.Civ.P. It is notable that not one defense expert was able to explain how the supernatural action suggested by ID could be anything other than an inherently religious proposition.
Additionally, on April 23, 2005, lead defense expert Professor Behe made a presentation on ID to Dover citizens at the Board's request. We are a small non-profit with no staff – we are hundreds of volunteers who document pseudoscience and crankery around the world every day. (13:72-73 (Spahr)). f. June 2004 Board Curriculum Committee Meeting.
Additionally, at the following meeting, Board member Wenrich, who opposed the expedited vote on October 18, 2004 and engaged in parliamentary measures to have the vote delayed until the community could properly debate the issue while considering the science teachers' position, resigned and stated the following: I was referred to as unpatriotic, and my religious beliefs were questioned. (3:101-02 (Miller)).
e. June 2004 Board Meetings Buck ingham and Other Board Members Spoke in Favor of Teaching Creationism.
See Allegheny, 492 U.S. at 597, 109 S. Ct. 3086 ("when evaluating the effect of government conduct under the Establishment Clause, we must ascertain whether the challenged governmental action is sufficiently likely to be perceived by adherents of the controlling denominations as an endorsement, and by the nonadherents as a disapproval, of their individual religious choice'") (quoting Ball, 473 U.S. at 390, 105 S.Ct. In July 2004, after the teachers discovered that there was a 2004 edition of the textbook Biology available, the Board agreed to defer consideration of purchasing a new textbook at its July 12, 2004 meeting until it could review the 2004 edition.
An objective student is also presumed to know that the Dover School Board advocated for the curriculum change and disclaimer in expressly religious terms, that the proposed curriculum change prompted massive community debate over the Board's attempts to inject religious concepts into the science curriculum, and that the Board adopted the ID Policy in furtherance of an expressly religious agenda, as will be elaborated upon below. Selman, 390 F. Supp.
Minnich, Behe, and Paley reach the same conclusion, that complex organisms must have been designed using the same reasoning, except that Professors Behe and Minnich *742 refuse to identify the designer, whereas Paley inferred from the presence of design that it was God.
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