Bill Buckingham
| Kitzmiller v. Dover Area School District | |
|---|---|
 |
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| Court | United States District Court for the Middle District of Pennsylvania |
| Full case name | Tammy Kitzmiller, et al. v. Dover Area School District, et al. |
| Argued | September 26, 2005–November 4, 2005 |
| Decided | December 20 2005 |
| Citation(s) | 400 F. Supp. 2d 707 (M.D. Pa. 2005) |
| Holding | |
| Teaching intelligent design in public school biology classes violates the Establishment Clause of the First Amendment to the Constitution of the United States (and Article I, Section 3, of the Pennsylvania State Constitution) because intelligent design is not science and "cannot uncouple itself from its creationist, and thus religious, antecedents." | |
| Court membership | |
| Judge(s) sitting | John E. Jones III |
| Laws applied | |
| U.S. Const. Amend. 1; Penn. Const. Art. I, § 3 | |
Tammy Kitzmiller, et al. v. Dover Area School District, et al. (400 F. Supp. 2d 707, Docket No. 4cv2688) was the first direct challenge brought in the United States federal courts testing a public school district policy that required the teaching of intelligent design. In October 2004, the Dover Area School District of York County, Pennsylvania, changed its biology teaching curriculum to require that intelligent design be presented as an alternative to evolution theory, and that Of Pandas and People, a textbook advocating intelligent design, was to be used as a reference book. The prominence of this textbook during the trial was such that the case is sometimes referred to as the Dover Panda Trial, a name which deliberately recalls the infamous Scopes Monkey Trial in Tennessee, 80 years earlier. The plaintiffs successfully argued that intelligent design is a form of creationism, and that the school board policy violated the Establishment Clause of the First Amendment to the United States Constitution. The judge's decision sparked considerable response from both supporters and critics.
Eleven parents of students in Dover, York County, Pennsylvania, near the city of York, sued the Dover Area School District over the school board requirement that a statement presenting intelligent design as "an explanation of the origin of life that differs from Darwin's view" was to be read aloud in ninth-grade science classes when evolution was taught. The plaintiffs were represented by the American Civil Liberties Union (ACLU), Americans United for Separation of Church and State (AU) and Pepper Hamilton LLP. The National Center for Science Education (NCSE) acted as consultants for the plaintiffs. The defendants were represented by the Thomas More Law Center (TMLC). The Foundation for Thought and Ethics, publisher of Of Pandas and People, tried to join the lawsuit late as a defendant but was denied for multiple reasons.
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