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Federal Judge Rules Against Intelligent Design

evil agent writes "CNN is reporting that U.S. District Judge John E. Jones III has ruled that Intelligent Design cannot be discussed in Dover, Pennsylvania biology classes. Dover Area School Board members had previously mandated that Intelligent Design be included in the biology curriculum. According to the judge, 'our conclusion today is that it is unconstitutional to teach ID as an alternative to evolution in a public school science classroom.'" Update: 12/20 23:40 GMT by J : eSkeptic has a look back at the trial and what led to it. And the Discovery Institute has issued a press release.

19 of 2,443 comments (clear)

  1. Links to more information: by TripMaster+Monkey · · Score: 5, Informative

    Lots of additional coverage on this decision is available at The National Center for Science Education and The Panda's Thumb, and the full text of the decision can be found here (PDF warning).

    From the decision:
    Those who disagree with our holding will likely mark it as the product of an activist judge. If so, they will have erred as this is manifestly not an activist Court. Rather, this case came to us as the result of the activism of an ill-informed faction on a school board, aided by a national public interest law firm eager to find a constitutional test case on ID, who in combination drove the Board to adopt an imprudent and ultimately unconstitutional policy. The breathtaking inanity of the Board's decision is evident when considered against the factual backdrop which has now been fully revealed through this trial. The students, parents, and teachers of the Dover Area School District deserved better than to be dragged into this legal maelstrom, with its resulting utter waste of monetary and personal resources.
    Damn...what a smackdown.
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    1. Re:Links to more information: by Alsee · · Score: 4, Informative
      Bodyslam smackdown:
      It is ironic that several of these individuals, who so staunchly and proudly touted their religious convictions in public, would time and again lie to cover their tracks and disguise the real purpose behind the ID Policy.
      He outright called them liars! I wonder if there's any chance to hit them up with perjury charges.

      More:
      We find that the secular purposes claimed by the Board amount to a pretext for the Board's real purpose, which was to promote religion in the public school classroom, in violation of the Establishment Clause.
      And the coup-de-gras against the evolution equals atheism cranks:
      Repeatedly in this trial, Plaintiffs' scientific experts testified that the theory of evolution represents good science, is overwhelmingly accepted by the scientific community, and that it in no way conflicts with, nor does it deny, the existence of a divine creator.
      And for some in-your-face irony for anyone who attempts to attack the judge as some sort of leftwing atheist liberal pinko commie demonic-Democrat, the official US Court system website has Judge John E. Jones' biography which begins:
      Judge John E. Jones III commenced his service as a United States District Judge on August 2, 2002. He is the 21st judge to sit in the Middle District of Pennsylvania. Judge Jones was appointed to his current position by President George W. Bush in February, 2002, and was unanimously confirmed by the United States Senate on July 30, 2002.
      For once George Dubbya actually appointed someone competent to the job! Three cheers for President Bush! Hip-hip-Hooray! ... ... ...
      Ummm... well ok... only one cheer for Bush :)

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  2. An important part of the ruling by BushCheney08 · · Score: 5, Informative

    Something that the CNN article doesn't mention is that one of the judge's findings is that ID does not meet the criteria to be considered science.

    From a Bloomberg article: In his opinion, Jones said the key issue is ``whether Intelligent Design is science,'' and said, ``we have concluded that it is not.''

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  3. Re:Article didn't mention HOW it's unconstitutiona by smooth+wombat · · Score: 4, Informative
    The NY times article (no reg required) has the following bit which was not in the CNN article:

    "We find that the secular purposes claimed by the Board amount to a pretext for the Board's real purpose, which was to promote religion in the public school classroom," he wrote in his 139-page opinion.

    The link to the NY Times article

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  4. Re:Don't go jumping up and down just yet by the_humeister · · Score: 4, Informative
    He also gave a reason why ID isn't science.

    (1) ID violates the centuries-old ground rules of science by invoking and permitting supernatural causation; (2) the argument of irreducible complexity, central to ID, employs the same flawed and illogical contrived dualism that doomed creation science in the 1980's; and (3) ID's negative attacks on evolution have been refuted by the scientific community.

  5. Re: Affect In Kansas? by Black+Parrot · · Score: 4, Informative

    > Since this is a federal court ruling, does it affect the ID stuff going on in Kansas?

    Not legally, since it's in a different federal district.

    If Kansas goes to court the judge may or may not look to the Dover case for precedent. Fairly often we get conflicting rulings on an issue in different districts, and no one knows where things stand until the supreme court takes a side on it.

    OTOH, I'm sure this will "affect" Kansas to the extent of having the creationists on the state board of education call a strategy meeting...

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  6. Re:And evolution is? by Anonymous Coward · · Score: 5, Informative
    Try a little research, a search for evolution of the eye turned up this link:

    http://www.pbs.org/wgbh/evolution/library/01/1/l_0 11_01.html

    ...

    Every change had to confer a survival advantage, no matter how slight. Eventually, the light-sensitive spot evolved into a retina, the layer of cells and pigment at the back of the human eye. Over time a lens formed at the front of the eye. It could have arisen as a double-layered transparent tissue containing increasing amounts of liquid that gave it the convex curvature of the human eye.

    In fact, eyes corresponding to every stage in this sequence have been found in existing living species.

    ...

  7. Re:A bit of mischaracterization ... by theodicey · · Score: 3, Informative
    No, you're wrong about all this. The decision applies to science classes, not to history or religion classes. Also, teachers can still explain what Intelligent Design is.

    The only thing a science teacher is forbidden from doing in the classroom is exactly what the decision says: presenting Intelligent Design as an alternative [explanatory framework] to evolution.

  8. Some Points to Consider by Gallenod · · Score: 4, Informative

    1. This particular "activist judge" was appointed by President G.W. Bush in 2002.

    2. It's unlikely that the current Dover school board will appeal the decision, making it unlikely that this particular case will ever get to the Supreme Court.

    3. That leaves the "sticker" case in Georgia, with it's more narrowly expressed disapproval of evolution as the case most likely to get to the Supremes. At last report, it appeared the appeals court might be inclined to overturn the Federal court decision against the stickers (http://www.cnn.com/2005/EDUCATION/12/16/evolution .debate.ap/index.html).

    4. Some ID proponents advised against the former Dover school board pressing this case, as they felt it didn't have a good chance. Other school boards, however, will now simply become more careful about how they attempt to introduce ID into the classroom.

    While Dover was a slam dunk for science, this particular fight is far from over.

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    TLR

    A man no more knows his destiny than a tea leaf knows the history of the East India Company
  9. Re:And evolution is? by BorgDrone · · Score: 4, Informative
    What it does not account for is macro-evolution, that is, the changing of one species into another at the chromosomal level by purely natural selection.
    The macro/micro evolution distinction is no more than a human contruct, there is no difference between the two in nature.
    Having not followed this very closely in the last 10 or so years, I may be out of date, but this is the missing link that would confirm all of the Origin of Species theory, and to my knowledge this link has never been found.
    This has been observed, e.g. several new mosquito species have evolved in the London subway.
    see here for more info.
  10. How's this? by Acy+James+Stapp · · Score: 3, Informative

    A simple google search for "evidence evolution" yields numerous pages. From the very first one (I'm feeling lucky!)

    Link 1: Observed Evidence of Speciation http://www.talkorigins.org/faqs/faq-speciation.htm l has eight fruity fly speciation events. Most interesting to me is the Apple Maggot fly, which originally fed on hawthorn trees, but is speciating at this very moment; there are now two different races of the fly, one of which feeds on apples and other rosacea and one on thornapples. They mature at different rates and due to this do not interbreed even though they are still able to hybridize.

    Link 2: 29 evidences for macroevolution http://www.talkorigins.org/faqs/comdesc/ This is the one I was looking for. If you read and understand this and fail to accept that evolution is occuring and can account for the diversity of species on earth then I've got a bridge to sell you.

    Acy

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  11. Re: And evolution is? by Black+Parrot · · Score: 3, Informative

    > What it does not account for is macro-evolution, that is, the changing of one species into another at the chromosomal level by purely natural selection.

    No modern biologist thinks evolution is purely a matter of natural selection. If you knew the subject matter at the freshman level you'd know that lots of other stuff, such as sexual selection, genetic drift, and the founder effect, also have influence on what evolution produces.

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  12. Re:Riddle me this Batman by scheming+daemons · · Score: 3, Informative
    ID doesn't have to be proven , it has to be provable . There's a big difference.

    Evolution is provable/disprovable. ID is not.

    ID doesn't meet the rigorous scientific standards to be called a "theory".

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  13. Re:Religious studies by TheRaven64 · · Score: 4, Informative
    BTW Don't forget that even the Catholic Church recently came out and declared their support for evolution.

    This is because any sensible religious person realises that there is no contradiction between evolution and ID. Evolution explains a mechanism, nothing more. It doesn't tell you why things happen, just how. Whether evolution is driven by random actions, or the FSM is the realm of philosophy, not science. Assuming the existence of an intelligent designer[1], science can tell us whether it's more likely that they said 'let there be stuff,' or if they created a simple system containing all of the necessary components to develop into a more complex one. Proponents of Intelligent-Design-as-an-alternative-to-evolution are worried that there is a God, and her final objective might not actually be them.

    [1] A philosophical postulate, not a scientific one.

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  14. Re:Well good by Xaositecte · · Score: 5, Informative

    You seem to have confused the Word Theory.

    Evolution is a Theory in the Scientific Sense, "A set of statements or principles devised to explain a group of facts or phenomena, especially one that has been repeatedly tested or is widely accepted and can be used to make predictions about natural phenomena."

    This is why it counts as "Science"

    Intelligent Design is a theory in the colloquial sense, which is what most of the definitions that include "Idle speculation" are referring to. There is no Scientific Backing for Intelligent Design, which is why, if it's taught in a classroom, it should be a theology class, not a Science Class.

  15. Re:Well good by Mr_Huber · · Score: 4, Informative

    It is perfectly correct to teach the fact of evolution, for it is a fact. It is an observed phenomenon, or fact, if you like. The Theory of Evolution is the theoretical construct explaining how evolution operates, the mechanism involved and the consequences of these mechanisms. So far, it has survived every challenge thrown at it by the fossil record, genetics, comparative biology, chemistry, physics and even computer science. And it has grown more powerful for it. The current incarnation of the theory bears as much resemblance to Darwin's original proposal as modern quantum electrodynamics bears to Ben Franklin's work with electricity.

    The phenomenon of evolution is well established and as solid a fact as gravity, electromagnetism or heat transfer. The theory describing it is, in some ways, better off than the theory of gravity or electromagnetism. We know those two are inconsistent and at least one is due for a revision. There are no such open questions on the theory of evolution.

    Evolution does not require faith. That's the thing about science, it works even if you don't believe in it. Disbelieving in the quantum nature of electrons won't make a lick of difference in how your computer operates. Likewise, disbelieving in evolution does not mean that advanced antibiotics suddenly stop having any effect. (Now, current diary practices, that's another story.)

    Given your statements, it is clear you have not bothered even the most cursory attempt at understanding science. You seem so enmeshed in your dogma, you refuse to understand anyone else's position, casting well reasoned positions as mere articles of faith. Science is not a religion, no matter how much you wish it to be so.

    Really, just because you insist on wielding a hammer, do not treat us screws and bolts as nails.

  16. Re:Well good by jc42 · · Score: 5, Informative

    You never hear real scientists saying "Evolution is fact!" because it isn't.

    Actually, you do - with important qualifications.

    Stephen Jay Gould wrote several papers that said just this. Of course, he said a lot more. (He had a column to fill, after all. ;-) He and others have made a distinction between the fact of evolution and the theory of evolution.

    What he pointed out in several articles was that by the early 1800's, when Darwin was sailing on the Bugle, it was already widely accepted that biological evolution was a historical fact, thoroughly documented in the fossil record. What was missing was a good explanation of this fact. People examining fossils could see the general outline of the evolutionary process; they just didn't understand how it worked.

    Facts are what we observe, combined with the easy inferences from the observations. To be scientific, you need not just a lot if facts, you also need explanations of those facts. Such an explanation is first called a hypothesis before it has been tested, and then a theory after it has passed sufficiently many tests.

    What Darwin did was to propose an explanation for the observed fact of biological evolution over geologic time. His explanation was unusual in that the mechanism didn't require any guiding intelligence. But it did have explanatory power, and also made testable predictions. So, while the religious folks derided Darwin's heresy, the scientists set about trying to poke holes in his explanation.

    In the 1860's, Darwin's theory of evolution by natural selection was really just a hypothesis, not a theory. But now, more than a century later, it's a true theory. We've had plenty of opportunities to test it, and it has passed the tests quite handily. So now it's a true scientific theory. Biological research these days is mostly concerned with working out the details of the mechanisms. Nobody seriously expects that the basic theory will be overturned.

    Not that it hasn't been modified along the way. Darwin didn't know about DNA or genes, and could only write vaguely about the mechanism of intelligence. He observed that this mechanism was imperfect, something that any plant or animal breeder would agree with. He also proposed that some variations were "random", which need not have been true, but which we now know is essentially true. He also proposed that the inherited code was not modified by an organism's environment, contrary to others such as Lysenko, and it turns out he was right in this, too. True, environmental things may alter your DNA, but not in any "directed" fashion.

    But most importanly (and ignored by most creationists and ID proponents), his theory invoked a very non-random directing force, natural selection. This was difficult for him to observe, but we've since watched and tested it innumerable times, and again it turns out he was quite correct.

    OTOH, he didn't guess about viral transduction. And he didn't anticipate Barbara McClintock's idea of the way that eukaryotic cells arose via merger of independent single-cell organisms. So he did miss a few important things that have since modified his theory a bit. But none of these things have significantly weakened his theory of evolution by natural selection.

    Of course, we are now on the verge of implementing designer genes ...

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  17. Re:And evolution is? by Alsee · · Score: 3, Informative

    "thought to be the precursor to the eye" and "could have arisen as a double-layered transparent tissue" are not very scientific statements. As stated before. THERE IS NO CONCLUSIVE EVIDENCE THAT THE ORIGIN OF LIFE WAS A POOL OF GOO THAT EVOLVED INTO WHAT IT IS TODAY.

    Well lets consider glaciers. It is "thought" that the sun evaporated water from the ocean. And it is "thought" that that water fell as snow at the poles. And that snow "could have" built up over thousands of years into very deep glaciers.

    And there are layers of dust and pollen and volcanic ash that are "thought" to have settled out of the atmosphere and that the layered of such particles "could have" arisen from seasonal snowfall cycles over tens of thousands of years.

    And it is "thought" that the pattern and composition of volcanic dust in the glacier happens to exactly match up with the historical and prehistorical records of major volcanic eruptions becuase that dust *did* come from those volcanoes and laid down over tens of thousands of years. And it is "thought" that the patterns of pollen match up with other global records over tens of thousands of years because that pollen *did* accumulate during the steady buildup of that glacier over tends of thousands of years.

    And it is thought that the presence and levels of LEAD and other trace minerals in the upper layers of glacial dust "could have" been caused by the historical and prehistorical development of human mining releasing such contaminants into the the air.

    And as you say, THERE IS NO CONCLUSIVE PROOF THAT THIS IS HOW GLACIERS ACTUALLY FORMED.

    If anyone is a real thinking person then prove that you cant throw a pile of sticks and some glue up in the air and it will come down as a glued together, perfect box.

    If anyone is a real thinking person then prove that you cant throw a bunch of water vapor up in the air and it will come down as a glued together, complex perfect snowflake.

    The argument you were attempting to make (badly) is the stupid old argument that "the second law of thermodynamics says disorder must increase and therefore proves evolution impossible".

    Of course the second law of thermodynamics only apples to average disorder increasing, and it does not apply at all when there is an energy flow through a system.

    As I pointed with with snowflakes, it is actually quite normal and common for nature to spontaneously greate complex order and structure out of total chaos when there is an energy flow - in particular the sun provides an energy flow through the earth to drive both snowflake formation and biology and biological evolution.

    The nature of life, the structure of life, and the existance of life can only be explained as an engineering miracle that was created. PERIOD.

    Statint your ignorance and your lack of understanding is not a disproof of anything.

    It is quite well understood how the evolution process creates structure and complexity and information. In fact I have personally witnessed exactly how this process operates and exactly how powerful it is at creating order and complexity and information.

    The information is created/added during the secotion step of the evolution process.

    If you have a replication (with mutation) and then selection in a repeating cycle, the mutation step creates a bit of random noise, and the selection step converts that noise into ordered/directed information by filtering out any portion that is contrary to the selection direction.

    Roll a hundred dice. Do a slection step to "kill" the half with the lowest number showing, replicate the remaining 50 back to a hudred... you will have a hundred dice showing 4's, 5's, and 6's. "Kill" the half with the lowest number showing again, replicate the remaining 50 back to a hudred again... and you have a hundred dice showing 5's, and 6's. Repeat a third time and now you "magically" have 100 dices all showing perfect sixes.

    We started with perfect chaos rolled dice, and

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  18. Re:Well good by einhverfr · · Score: 3, Informative

    But evolution doesn't work the same way - show me one repeatable experiment where an animal actually independantly mutates to a genetic advantage. I understand that evolution supposedly takes thousands if not millions of years for this to happen, and so this experiment may not be possible. However, without repeatable experiments (instead of just circumstantial evidence), we can only make educated guesses as to what happened (whether that result is ID, evolution, FSM, or whatever).

    Welcome to the 18th Century and the theories of Lamarck :-P When can we actually get rid of this nonsense? Darwin was supposed to have more or less debunked Lamarck's nonesense.

    Also note that current evolutionary theory is missing one or two critical questions that we may not have an answer to in the near future, but your objections have largely been overruled by modern research.

    Part of the problem is that any life-form larger than a bacterium is not in a position to mutate spontaneously for genetic advantage. Yes, this behavior has been experimentally studied in bacteria, but it doesn't show up in anything larger. So for larger organisms you have a different process.

    Spontaneous mutations occur and affect the general viability of offspring. Many of these are disasterous and probably result in very early miscarriages, or stillborns, etc. (though spontaneous mutations aren't very common). But the rest goes into a sort of community gene pool. This genetic diversity inherent to the community is extremely important.

    Now suppose we have an environmental change. Say there is a drought, you poison a population of insects with an insecticide, there is a sudden abundance or shortage of foot or water, a population explosion of predators, etc. Now, the genetic variances between the individuals in the community start to become valuable. For example, birds with a smaller beak might die first in a drought because the seeds that are available to eat might be too big. A shortage of food might favor some members more than others, poisoning might be more likely to kill those who are genetically susceptible to the poison first, etc. So these environmental changes don't cause an individual to spontaneously mutate. They cause the composition of the community gene pool to change. This is basically a summary of puntuated equalibrum theory regarding evolution.

    Now, if you have a sudden and long-term increase in food, you will see animals specialize according to their talents. So within a given population of a species of finches, those with bigger beaks might decide to eat different seeds than those with smaller beaks. This specialization is generally temporary because the resource availability is cyclic, but after a mass extinction this may be different. This leads to the communities partially separating and becoming subspecies. Now the missing piece is the question of what causes species to separate to the point of becomming genetically incompatible under these circumstances? Is migration and physical separation required? Or are other factors more likely to cause this? This is a big unknown and we don't have enough data to answer it. However, at the current rate of extinctions, maybe in a few hundred years, we can start watching ;-)

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