68 Mont. L. Rev. 7 (2007)
Intelligent Design Will Survive Kitzmiller v. Dover

handle is hein.journals/montlr68 and id is 11 raw text is: INTELLIGENT DESIGN WILL SURVIVE
KITZMILLER V. DOVER*
by David K. DeWolf,** John G. West,***
and Casey Luskin****
I. INTRODUCTION
The year 2005 was the year the theory of intelligent design
(ID) made the headlines. It was featured on the cover of Time
magazine,1 its study was seemingly endorsed by the President of
the United States,2 and it became one of the most talked-about
issues in the public square. However, its increasing public recog-
nition also attracted the attention of defenders of Darwinian or-
thodoxy, who vowed to banish it from the realm of respectable dis-
course.
When the Dover Area School District, located in central Penn-
sylvania, adopted a policy that required biology classes to be told
about the theory of ID as part of a short statement introducing the
topic of biological evolution, the American Civil Liberties Union
(ACLU) and Americans United for Separation of Church and
State filed suit. As the trial began in late September 2005, Barry
Lynn, Executive Director of Americans United for Separation of
Church and State, predicted that the Dover case would be the
death knell for intelligent design as a serious issue confronting
* Kitzmiller v. Dover Area Sch. Dist., 400 F. Supp. 2d 707 (M.D. Pa. 2005). Editors' Note: A
critical response to the present article follows. Peter Irons, Disaster in Dover: The Trials (and
Tribulations) of Intelligent Design, 68 Mont. L. Rev. 59 (2007). Irons's response is rebutted by the
present authors in Rebuttal to Irons, 68 Mont. L. Rev. 89 (2007). The series is preceded by Editors'
Note: Intelligent Design Articles, 68 Mont. L. Rev. 1 (2007), which includes a chronology of important
events pertaining to Kitzmiller.
** Professor of Law, Gonzaga University School of Law; Senior Fellow, Discovery Institute;
B.A., Stanford University; J.D., Yale Law School.
*** Former Chair of the Department of Political Science and Geography, Seattle Pacific University;
Senior Fellow, Discovery Institute; B.A., University of Washington; Ph.D., Claremont Graduate Univer-
sity.
**** Program Officer in Public Policy and Legal Affairs, Discovery Institute; B.S., University of
California, San Diego; M.S., University of California, San Diego; J.D., University of San Diego.
1. 166 Time Mag. front cover (Aug. 15, 2005) (referring to Claudia Willis, The Evolu-
tion Wars, id. at 26).
2. Id. at 28.

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