Well judge I agree -this is a false premise; however, the case was brought forward based upon reality and should be judged upon by reality -rejecting the false premise does nothing to allow the true premise to be heard each and every time evolution is taught religiously rather than scientifically.
Have you taken a biology class in which evolution was taught "religiously rather than scientifically"? If so, please mention the school so I'll be able to advise my colleg-age relatives to avoid it.