There is a triple-helix of threads of thought in this discussion that need to be untangled.
The legal issue(s) addressed in Kitzmiller et al v Dover Area School District et al are one thread.
Under the current state of the law, given the evidence presented, Judge Jones correctly ruled. Before disagreeing, take the time to read the opinion (the link can be found in my previous post). If, after reading the opinion, you think the case is incorrectly decided, I'd like to know why. Or, if you think the ruling is correct, but the law should be changed, I'd like to know why. And only legal arguments apply to this thread of the discussion.
A second thread is based on the articles Gom Jabbar cited, particularly the op-ed from USAToday.com.
In the editorial, John G. West, identified as "associate director of Discovery Institute's Center for Science & Culture, and associate professor of political science at Seattle Pacific University" gets himself into a "liar, liar, pants on fire" situation. "Mendacious" is not a word to be used lightly, but it applies. At pages 28 and 29 of the opinion in Kitzmiller, Judge Jones notes:
Phillip Johnson, considered to be the father of the IDM, developer of ID's "Wedge Strategy," which will be discussed below, and author of the 1991 book entitled Darwin on Trial, has written that "theistic realism" or "mere creation" are defining concepts of the IDM. This means "that God is objectively real as Creator and recorded in the biological evidence . . ." (Trial Tr. vol. 10, Forrest Test., 80-81, Oct. 5, 2005; P-328). In addition, Phillip Johnson states that the "Darwinian theory of evolution contradicts not just the Book of Genesis, but every word in the Bible from beginning to end. It contradicts the idea that we are here because a creator brought about our existence for a purpose." (11:16-17 (Forrest); P-524 at 1). ID proponents Johnson, William Dembski, and Charles Thaxton, one of the editors of Pandas, situate ID in the Book of John in the New Testament of the Bible, which begins, "In the Beginning was the Word, and the Word was God." (11:18-20, 54-55 (Forrest); P-524; P-355; P-357). Dembski has written that ID is a "ground clearing operation" to allow Christianity to receive serious consideration, and "Christ is never an addendum to a scientific theory but always a completion." (11:50-53 (Forrest); P-386; P-390). Moreover, in turning to Defendants' lead expert, Professor Behe, his testimony at trial indicated that ID is only a scientific, as opposed to a religious, project for him; however, considerable evidence was introduced to refute this claim. Consider, to illustrate, that Professor Behe remarkably and unmistakably claims that the plausibility of the argument for ID depends upon the extent to which one believes in the existence of God. (P-718 at 705) (emphasis added). As no evidence in the record indicates that any other scientific proposition's validity rests on belief in God, nor is the Court aware of any such scientific propositions, Professor Behe's assertion constitutes substantial evidence that in his view, as is commensurate with other prominent ID leaders, ID is a religious and not a scientific proposition.
Dramatic evidence of ID's religious nature and aspirations is found in what is referred to as the "Wedge Document." The Wedge Document, developed by the Discovery Institute's Center for Renewal of Science and Culture (hereinafter "CRSC"), represents from an institutional standpoint, the IDM's goals and objectives, much as writings from the Institute for Creation Research did for the earlier creation-science movement, as discussed in McLean. (11:26-28 (Forrest)); McLean, 529 F. Supp. at 1255. The Wedge Document states in its "Five Year Strategic Plan Summary" that the IDM's goal is to replace science as currently practiced with "theistic and Christian science." (P-140 at 6). As posited in the Wedge Document, the IDM's "Governing Goals" are to "defeat scientific
materialism and its destructive moral, cultural, and political legacies" and "to replace materialistic explanations with the theistic understanding that nature and human beings are created by God." Id. at 4. The CSRC expressly announces, in the Wedge Document, a program of Christian apologetics to promote ID. A careful review of the Wedge Document's goals and language throughout the document reveals cultural and religious goals, as opposed to scientific ones. (11:26-48 (Forrest); P-140). ID aspires to change the ground rules of science to make room for religion, specifically, beliefs consonant with a particular version of Christianity."
The Discovery Institute's Center for Renewal of Science and Culture referred to in the quote from the opinion is now known as the Discovery Institute's Center for Science & Culture. As previously noted, Mr. West is the "associate director of the Discovery Institute's Center for Science & Culture".
At page 131 of Kitzmiller, Judge Jones notes that "... most if not all of the [School] Board members who voted in favor of the biology curriculum change conceded that they still do not know, nor have they ever known, precisely what ID is". Now I'll be generous. Apparently, based on Mr. West's assertions in the editorial, the associate director of the Discovery Institute's Center for Science & Culture still does not know, nor has he ever know, precisely what ID is. And the same can be said for the Khaleej Times and the Union Leader.
When the associate director of the group that states that it's plan is to "defeat scientific materialism and its destructive moral, cultural, and political legacies" and "to replace materialistic explanations with the theistic understanding that nature and human beings are created by God." and when one of the "senior fellow with Discovery Institute's Center for Science and Culture", William Dembski, has written that ID is a "ground clearing operation" to allow Christianity to receive serious consideration, and "Christ is never an addendum to a scientific theory but always a completion.", argues in USA Today that "intelligent design is not a religious-based idea", he is not telling the truth. And anyone who believes West's assertion has not taken the minimal amount of time required to expose the falsehood.
My level of annoyance on this has risen to intolerable levels. Publicly misrepresenting your own position, as is done in the USA Today piece, is, to put it mildly, inappropriate. Unless, of course, "there's a sucker born every minute" is also a "governing goal" of IDM.
It's one thing for Gom Jabbar to take the position that intelligent design is not a religious-based idea. As he views it, it may not be.
It is quite another for the assistant director of a group whose expressed institutional goals and objectives include replacing "...science as currently practiced with "theistic and Christian science.", to state in a national newspaper that "... intelligent design is not a religious-based idea." Who's zoomin who?
At this point the only safe thing to do is once again quote Judge Jones.
"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."
The third thread is the question of "ultimate truth" and the conflict between "Creationists" and the ID movement on one side and "Evolutionists" on the other.
Gom Jabbar wrote:
I see the Evolutionists saying in effect: "There is no way that a God or Creater could have taken a part in the creation of the species of life found on this earth. As such, we just won't take that possibility into consideration. Only Natural Selection, and chance events resulted in life on this earth. Period." [some hyperbole here to make my point, but basically accurate]
Actually, not basically accurate.
At pages 136-137 the Judge comments:
Both Defendants and many of the leading proponents of ID make a bedrock assumption which is utterly false. Their presupposition is that evolutionary theory is antithetical to a belief in the existence of a supreme being and to religion in general. 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.
To be sure, Darwin's theory of evolution is imperfect. However, the fact that a scientific theory cannot yet render an explanation on every point should not be used as a pretext to thrust an untestable alternative hypothesis grounded in religion into the science classroom or to misrepresent well-established scientific propositions."
Under the heading of "Whether ID is science", beginning at page 64 (through page 89) of Kitzmiller, Judge Jones has an extensive discussion of principles of "science" and how they apply to ID. The discussion ends with "To conclude and reiterate, we express no opinion on the ultimate veracity of ID as a supernatural explanation. However, we commend to the attention of those who are inclined to superficially consider ID to be a true "scientific" alternative to evolution without a true understanding of the concept the foregoing detailed analysis. It is our view that a reasonable, objective observer would, after reviewing both the voluminous record in this case, and our narrative, reach the inescapable conclusion that ID is an interesting theological argument, but that it is not science." I second in commending the analysis to anyone interested in facts and evidence as opposed to mere assertions.
So what is important here? Two things.
First, Evolution "... in no way conflicts with, nor does it deny, the existence of a divine creator." This has been discussed at length in this 200+ comment thread and elsewhere. Asserting otherwise is simply incorrect. An example of this are the views on the origin of the universe and life called "Evolutionary Creation (Theistic Creation)" and "Deistic Evolution (Theistic Evolution)" in the "Beyond the Evolution vs Creation Debate" document referenced in Kitzmiller. Let's try, in the future, to avoid asserting "... this bedrock assumption which is utterly false."
Second, "...ID is an interesting theological argument, but...it is not science." The Kitzmiller analysis from page 64 through 89 is a relatively concise explanation of why that is the case. In order to argue that ID is science, one needs facts and arguments that are "scientific" without requiring that "science" and the "methodology of science" be redefined. To argue that ID is theology, whether it's from the perspective of the "Progressive Creationists", the "Evolutionary Creationists", the "Deistic Evolutionists", or other view is fine, and requires no "science" only "faith". Let's try, in the future, not to confuse "science" and "faith".
If we want to debate law, let's debate the law. If the debate is about science, let's debate science. If it faith or theology, let's debate faith or theology. The level of annoyance goes up when issues of the law or science are responded to with assertions of faith or theology. And the converse is true.
The law is the law, science is science, and theology is theology. And in the United States, in 2005 (for better or worse), the three are separate things which only become entwined when someone tries to inject one into another.