"The lawsuit, brought by 11 parents in the Dover Area School District, attacks as unconstitutional the year-old policy of telling ninth-grade biology students that Charles Darwin's theory of evolution "is not a fact. Gaps in the Theory exist for which there is no evidence."
UNCONSTITUTIONAL?!?! The Constitution is for establishing and contolling the Federal government, not regulating education.
From Section 1 of the 14th amendment.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.