[Luis Gonzalez]

"Students will be made aware of gaps/problems in Darwin’s theory and of other theories of evolution including, but not limited to, intelligent design."

How is that not mandating the teaching of intelligent design?

[jwalsh07]

When it's not taught. For the sake of argument I'll concede that ID is creationism, though I don't believe it for a minute being a creationist mysself.

A school compelling the teaching of creationism would run afoul of the establishment clause. A school not compelling it doesn't. Dover had no intelligent design curriculum, just a statement making students aware of it. No compulsion, no problem. Unless one thinks that non inflamatory speech and books should be censored in public schools.