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To: snarks_when_bored

Just read the order. It is at the end of the stupid opinion.


2,452 posted on 12/23/2005 1:16:19 AM PST by P-Marlowe
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To: P-Marlowe
Just read the order. It is at the end of the stupid opinion.

I've read the order. The portions relevant to our immediate discussion are parts 1 and 2:

1. A declaratory judgment is hereby issued in favor of Plaintiffs pursuant to 28 U.S.C. §§ 2201, 2202, and 42 U.S.C. § 1983 such that Defendants’ ID Policy violates the Establishment Clause of the First Amendment of the Constitution of the United States and Art. I, § 3 of the Constitution of the Commonwealth of Pennsylvania.

2. Pursuant to Fed.R.Civ.P. 65, Defendants are permanently enjoined from maintaining the ID Policy in any school within the Dover Area School District.

What must be noticed is that Judge Jones is permanently enjoining something quite specific, to wit, the ID Policy of the Dover School Board. The expression "ID Policy" was defined at the beginning of the order. It refers specifically to "the October 18, 2004 resolution and November 19, 2004 press release" of the Dover School Board. Let's look at both of these (note that by "students" the Dover board is referring to students in high school biology classes):

The October 18, 2004 Resolution

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. Note: Origins of Life is not taught.

The November 19, 2004 Press Release

The Pennsylvania Academic Standards require students to learn about Darwin’s Theory of Evolution and eventually to take a standardized test of which evolution is a part.

Because Darwin’s Theory is a theory, it continues to be tested as new evidence is discovered. The Theory is not a fact. Gaps in the Theory exist for which there is no evidence. A theory is defined as a well-tested explanation that unifies a broad range of observations.

Intelligent Design is an explanation of the origin of life that differs from Darwin’s view. The reference book, Of Pandas and People, is available for students who might be interested in gaining an understanding of what Intelligent Design actually involves.

With respect to any theory, students are encouraged to keep an open mind. The school leaves the discussion of the Origins of Life to individual students and their families. As a Standards-driven district, class instruction focuses upon preparing students to achieve proficiency on Standards-based assessments.

These two burnt offerings from the Dover School Board are the sum total of what the ruling refers to as "the ID Policy", nothing more. So, as I said in an earlier post to you, I don't find that the ruling forbids mentioning ID theory in religion classes, as one aspect of what some religious persons believe. I do think, however, that even in religion classes, teachers aren't going to be able to present ID as if it were true; as I just said, they'll have to present it as one aspect of what some religious persons believe.

2,456 posted on 12/23/2005 1:46:13 AM PST by snarks_when_bored
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