If the defense attorneys in this case were smart, they would use this to their advantage.
If there are Christians who believe in the ToE, the defense could reasonably argue that ID is not creation in disguise.
Especially with Behe as a witness, the defense could say there are Christians and non-Christians on both sides of the argument. That being the case, the statement of the Dover school board is religiously neutral; isn't it?
It appears that the defense strategy is to pretend creation and ID have nothing in common. This is really stupid, since it insults the intelligence of any reasonable person. The defense should be that the statement is simply neutral on religion.
Hopefully, that will be the gist of the defense when it is their turn to present their case.
"If there are Christians who believe in the ToE, the defense could reasonably argue that ID is not creation in disguise.
Especially with Behe as a witness, the defense could say there are Christians and non-Christians on both sides of the argument. That being the case, the statement of the Dover school board is religiously neutral; isn't it?"