Kitzmiller v. Dover Area School District

Kitzmiller v. Dover Area School District
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
Docket nos.	4:04-cv-2688
Citation(s)	400 F. Supp. 2d 707
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

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Kitzmiller v. Dover Area School District, 400 F. Supp. 2d 707 (M.D. Pa. 2005)^[1] 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 (ID), ultimately found by the court to not be science.^[2][3] 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.^[4] The prominence of this textbook during the trial was such that the case is sometimes referred to as the Dover Panda Trial,^[5][6] a name which recalls the popular name of the 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.^[7] 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.^[8]

The suit was brought in the U.S. District Court for the Middle District of Pennsylvania seeking declaratory and injunctive relief. Since it sought a purely equitable remedy, under the Seventh Amendment, the right to a jury trial did not apply. It was tried in a bench trial from September 26, 2005, to November 4, 2005, before Judge John E. Jones III, a Republican appointed in 2002 by George W. Bush.^[9]