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Federal court clears way for Pa. lawsuit against 'intelligent design'.


A federal court Sept. 13 refused to dismiss a lawsuit challenging the teaching of "intelligent design" in a Pennsylvania public school.

U.S. District Judge John E. Jones III John Edward Jones III (born June 13 1955) is an American lawyer and jurist from the U.S. state of Pennsylvania. A Republican, Jones was appointed by President George W. Bush as federal judge on the United States District Court for the Middle District of Pennsylvania in February  ruled that the case presents compelling issues that are ripe for adjudication The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. . His ruling cleared the way for the case to go to trial. Arguments began Sept. 26.

Americans United for Separation of Church and State Americans United for Separation of Church and State (Americans United or AU for short) is a religious freedom advocacy group in the United States which promotes the separation of church and state, a legal doctrine seen by the AU as being enshrined in the Establishment  and the American Civil Liberties Union American Civil Liberties Union (ACLU), nonpartisan organization devoted to the preservation and extension of the basic rights set forth in the U.S. Constitution.  of Pennsylvania filed the suit against the Dover Area School District The Dover Area School District is a public school district located in Pennsylvania, United States. It consists of Dover Township, Washington Township and Dover Borough, in York County, Pennsylvania. See also
  • Kitzmiller v.
 on behalf of 11 parents with children in the local school system. The groups charge that the Dover School Board's decision to include intelligent design in the science curriculum violates the First Amendment. (See "Science Test," February 2005 Church & State.)

Lawyers for the school district argued that the change was minor and not a violation of the First Amendment, insisting that it serves a valid secular purpose. They asked the court to throw the lawsuit out.

Jones was not persuaded.

"[W]e hold that genuine issues of material fact exist regarding whether the challenged Policy has a secular purpose and whether the Policy's principal or primary effect advances or inhibits religion, despite Defendants' arguments to the contrary," Jones wrote.

Trial in the Kitzmiller v. Dover lawsuit is expected to continue through October.

The parents who are challenging the school policy are determined to win a victory for public schools and church-state separation. They insist that intelligent design is merely the latest variant of creationism creationism or creation science, belief in the biblical account of the creation of the world as described in Genesis, a characteristic especially of fundamentalist Protestantism (see fundamentalism).  and does not belong in science classes.

Said Steve Stough, "I have joined this lawsuit because I believe that religious education is a personal matter whose instructional component is best reserved for home or at a church of one's choice. It is my responsibility for the direction of my daughter's religious instruction--not the public high school."
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2005, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Dover Area School District, Pennsylvania
Publication:Church & State
Article Type:Brief Article
Geographic Code:1U2PA
Date:Oct 1, 2005
Words:302
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