November 12, 1968 (a Tuesday)

On this date, Epperson v. Arkansas was decided.  The U.S. Supreme Court found that Arkansas’ law prohibiting the teaching of evolution was unconstitutional because the motivation was based on a literal reading of Genesis, not science.

November 6, 1990 (a Tuesday)

On this date, Webster v. New Lenox was decided.  The Seventh Circuit Court of Appeals ruled that school boards have the right to prohibit teaching creationism because such lessons would constitute religious advocacy.

October 4, 4004 B.C.E. (a Monday)

“The Creation of Adam” by Michelangelo

On this date, the Earth was created by God, according to an Irish theologian, Archbishop of Armagh, James Ussher [or Usher] (1581-1656), in his Chronologies of the Old and New Testaments, which was first published 1650-1654. Ussher arrived at his conclusion by carefully counting the “begats” in the Bible. His contemporary, Sir John Lightfoot (1602-1675), Vice-Chancellor of Cambridge University, arrived at the same date through independent calculation and added the detail that the world began at 9:00 AM Greenwich Meridian Time (GMT), or midnight Garden-of-Eden time.

Needless to say, modern scientific research has discovered that the Earth is, in fact, much, much, older.

September 10, 1941 (a Wednesday)

On this date, American paleontologist, evolutionary biologist, and science writer Stephen Jay Gould was born. Gould, who grew up in New York City, graduated from Antioch College in 1963 and received his Ph.D. from Columbia University in 1967. He was immediately hired by Harvard University, where he worked until the end of his life. Harvard promoted him to Professor of Geology and Curator of Invertebrate Paleontology at the institution’s Museum of Comparative Zoology in 1973 and to Professor of Zoology in 1982. Gould also worked at the American Museum of Natural History in New York. He was awarded fellowship in the American Association for the Advancement of Science in 1983, where he later served as president (1999-2001), and was elected to the National Academy of Sciences in 1989. He also served as president of the Paleontological Society (1985-1986) and the Society for the Study of Evolution (1990-1991).

Gould is one of the most highly cited scientists in the field of evolutionary theory. The paper entitled “The Spandrels of San Marco and the Panglossian Paradigm” (1979) that he co-authored with Richard Lewontin has been cited more than 1,600 times. In Palaeobiology—the flagship journal of his own speciality—only Charles Darwin and George Gaylord Simpson have been cited more often. Gould was also a considerably respected historian of science. Historian Ronald Numbers has been quoted as saying: “I can’t say much about Gould’s strengths as a scientist, but for a long time I’ve regarded him as the second most influential historian of science (next to Thomas Kuhn).”

Perhaps more than any other contemporary American scientist, Stephen Jay Gould committed himself to communicating the goals, processes, and achievements of science to a wide audience. His high visibility, distinctive critical voice, and marked enthusiasm for making science accessible to the general public led him to contribute to debates surrounding creationism, evolutionary psychology, and biological determinations of race and intelligence. Gould wrote popular science essays in Natural History magazine and best-selling books on evolution. Many of his essays were reprinted in collected volumes, such as Ever Since Darwin and The Panda’s Thumb, while his popular treatises included books such as The Mismeasure of Man, Wonderful Life, Rocks of Ages, and Full House.

September 3, 1907 (a Tuesday)

On this date, the highly respected anthropologist, ecologist, science writer, and poet Loren Corey Eiseley was born. He published books of essays, biography, and general science in the 1950s, ’60s, and ’70s.

Eiseley is best known for the poetic essay style, called the “hidden essay”. He used this to explain complex scientific ideas, such as human evolution, to the general public. He is also known for his writings about humanity’s relationship with the natural world. These helped inspire the environmental movement.

Eiseley’s first book, The Immense Journey: An Imaginative Naturalist Explores the Mysteries of Man and Nature (1946), a collection of writings about the history of humanity, established him as a writer with the unique ability to combine science and humanism. In the essay from it entitled “The Snout”, he wrote:

The door to the past is a strange door. It swings open and things pass through it, but they pass in one direction only. No man can return across that threshold, though he can look down still and see the green light waver in the water weeds.

Eiseley’s book, Darwin’s Century (1958), focuses on the development of the theory of evolution and was awarded the Phi Beta Kappa Science prize in 1959. His other books include The Unexpected Universe (1969), The Night Country (1971), the memoir All The Strange Hours: The Excavation of a Life (1975), and Darwin and the Mysterious Mr. X: New Light on the Evolutionists (1979).

When Loren Eiseley was 3 his father held him up to watch Halley’s Comet blaze across the sky and told his son to look for its return in 75 years. But Loren Eiseley did not live that long. He died July 9, 1977, having used his brief seventy years to leave behind a heritage that continues to enrich the lives of all who come to know his work.

August 25, 1609 (a Tuesday)

On this date, the Italian mathematician Galileo Galilei marched the Doge of Venice (Leonardo Donato), his counsellor, the Chiefs of the Council of Ten, and the Sages of the Order, who commanded the Venetian navy, up the Bell Tower (Campanile) in St. Mark’s Square in Venice, Italy. Once at the top, Galileo showed them views of distant cities, ships on the horizon, and parishioners entering a church on the island of Murano – all of which had been invisible to the eye alone – with the aid of his first telescope. The Doge was awestruck. The military had a powerful new secret weapon. Venice was confirmed again as a triumph. Galileo presented the Doge with the telescope on his knees and received a doubled salary, a lifetime appointment, and a bonus amounting to a year’s wages.

Throughout the the rest of 1609, particularly during the winter, Galileo made many astronomical studies. On January 7, 1610 Galileo observed with his telescope what he described at the time as “three fixed stars, totally invisible by their smallness,” all close to Jupiter, and lying on a straight line through it. Observations on subsequent nights showed that the positions of these “stars” relative to Jupiter were changing in a way that would have been inexplicable if they had really been fixed stars. On January 10 Galileo noted that one of them had disappeared, an observation which he attributed to its being hidden behind Jupiter. Within a few days he concluded that they were orbiting Jupiter. He had discovered three of Jupiter’s four largest satellites (moons): Io, Europa, and Callisto. He discovered the fourth, Ganymede, on January 13. Galileo named the four satellites he had discovered Medicean stars, in honor of his future patron, Cosimo II de’ Medici, Grand Duke of Tuscany, and Cosimo’s three brothers. [Later astronomers, however, renamed them the Galilean satellites in honor of Galileo himself.] On March 12, 1610 Galileo published the results of his studies in a brief treatise entitled Sidereus Nuncius (Starry Messenger).

These observations over a six night period, from January 7 through January 13, provided a view to Galileo that revealed that perhaps not everything orbited the Earth (geocentric model), as Ptolemy as well as the Catholic Church had adopted. And, if these small, but bright points of light went around Jupiter and not the Earth, perhaps there were other objects that did not orbit the Earth. His findings allowed him to confirm the Sun-centered theory of Copernicus. This short period of time from the summer of 1609 through to March of 1610, when Siderius Nuncius was published, had a revolutionary impact on astronomy almost overnight and it catapulted Galileo into the scientific spotlight and into the fire and wrath of the Catholic Church.

The Catholic Church condemned Galileo for his theories on June 22, 1633. He was forced to disown them and to live on his own for the rest of his life. In the following century the Vatican began changing its attitude. A mausoleum was built in 1734 to honor him. In 1822 Pope Pius VII gave permission for Galileo’s theory to be taught in schools. In 1968 Pope Paul VI had the trial against Galileo reassessed, then Pope John Paul II took the final step in the Church’s rehabilitation of the scientist in 1984 when he formally acknowledged that the Catholic Church had erred when it condemned the Italian astronomer for maintaining that Earth revolved around the Sun.

July 26, 1925 (a Sunday)

William Jennings Bryan in a Dayton pulpit.

On this date, after eating an enormous dinner, William Jennings Bryan, prosecutor in the Scopes Monkey Trial, laid down to take a nap and died in his sleep. Bryan’s personal physician, Dr. J. Thomas Kelly, concluded, “Bryan died of diabetes melitis, the immediate cause being the fatigue incident to the heat and his extraordinary exertions due to the Scopes trial.” Clarence Darrow was hiking in the Smoky Mountains when word of Bryan’s death reached him. When reporters suggested to him that Bryan died of a broken heart, Darrow said, “Broken heart nothing; he died of a busted belly.” In a louder voice he added, “His death is a great loss to the American people.”

Bryan’s death triggered an outpouring of grief from the “common” Americans who felt they had lost their greatest champion. A special train carried him to his burial place in Arlington National Cemetery. Thousands of people lined the tracks. Historian Paul Boyer says, “Bryan’s death represented the end of an era. This man who had loomed so large in the American political and cultural landscape for thirty years had now passed from the scene.”

July 21, 1925 (a Tuesday)

Darrow addressing the jury and courtroom spectators.

On this date, the eighth day of the Scopes Monkey Trial began. Before the jury was called to the courtroom, Darrow addressed Judge Raulston, “I think to save time, we will ask the court to bring in the jury and instruct the jury to find the defendant guilty.” This ensured that the defense could appeal the case to a higher court, which might rule the Butler Act unconstitutional. The defense also waived its right to a final address, which, under Tennessee law, deprived the prosecution of a closing statement. This greatly disappointed Bryan, who was unable to deliver a grandiloquent closing speech he had labored over for weeks.

John Scopes was found guilty of teaching evolution and sentenced to a fine of $100. The trial came to an anticlimactic end.

July 20, 1925 (a Monday)

William Jennings Bryan (seated at left) being questioned by Clarence Darrow (standing at right).

On this date in the Scopes Monkey Trial, assistant defense attorney Arthur Hays rose to summon one more witness – William Jennings Bryan – as an expert on the Bible. Malone, another attorney on the defense team, whispered to John Scopes, “Hell is going to pop now.” Calling Bryan was a highly unusual move, but Bryan agreed with some enthusiasm, stipulating only that he should have a chance to interrogate the defense lawyers. During his examination, Bryan stated his reason for testifying: “These gentlemen…did not come here to try this case. They came here to try revealed religion. I am here to defend it and they can ask me any question they please.” Judge Raulston, concerned that the crowd massing to watch this clash of legal titans would prove injurious to the courthouse, ordered that the trial reconvene on the adjacent lawn.

Darrow examined Bryan for almost two hours, all but ignoring the specific case against Scopes while doing his best to undermine a literalist interpretation of the Bible. After initially contending that “everything in the Bible should be accepted as it is given there,” Bryan conceded that the words of the Bible should not always be taken literally. “[S]ome of the Bible is given illustratively,” he observed. “For instance: `Ye are the salt of the earth.’ I would not insist that man was actually salt, or that he had flesh of salt, but it is used in the sense of salt as saving God’s people.” Although Bryan believed the story of a big fish swallowing Jonah, Joshua making the sun stand still, and other miracles, he conceded that the six days of creation, as described in Genesis, were not literally twenty-four hour days but were probably periods of time lasting many years. Fundamentalists in the audience listened with increasing discomfort as their champion questioned Biblical “truths,” and Bryan slowly came to realize that he had stepped into a trap. At one point, the frustrated Bryan said, “I do not think about things I don’t think about.” Darrow asked, “Do you think about the things you do think about?” Bryan responded, to the derisive laughter of spectators, “Well, sometimes.” It was an embarrassing and bleak moment in what had been Bryan’s brilliant career.

July 19, 1925 (a Sunday)

Rev. Byrd (left) and Rev. Potter (right), with Byrd’s children John and Lillian, in front of the parsonage.

On this date, in the midst of the Scopes Monkey Trial, Rev. Howard Gale Byrd resigned as pastor of the Methodist Episcopal Church North in Dayton, Tennessee when members of his congregation objected because a visiting minister, Rev. Charles Francis Potter of the West Side Unitarian Church in New York City, proposed to preach on the topic of evolution.

July 17, 1925 (a Friday)

Judge Raulston delivers a ruling.

On this date, Judge John Raulston ruled in the Scopes Monkey Trial that the defense will not be allowed to present expert testimony on evolution or its consistency with Genesis. “This case is now before the court upon a motion by the [prosecution] to exclude from the consideration of the jury certain expert testimony offered by the defendant, the import of such testimony being an effort to explain the origin of man and life. The state insists that such evidence is wholly irrelevant, incompetent and impertinent to the issues pending, and that it should be excluded. Upon the other hand, the defendant insists that this evidence is highly competent and relevant to the issues involved, and should be admitted…In the final analysis this court, after a most earnest and careful consideration, has reached the conclusions that under the provisions of the act involved in this case, it is made unlawful thereby to teach in the public schools of the state of Tennessee the theory that man descended from a lower order of animals. If the court is correct in this, then the evidence of experts would shed no light on the issues. Therefore, the court is content to sustain the motion of the [prosecution] to exclude the expert testimony.”

Darrow was livid and accused Raulston of bias. “I do not understand,” said Darrow, “why every suggestion of the prosecution should meet with an endless waste of time, and a bare suggestion of anything that is perfectly competent on our part should be immediately overruled.” Raulston asked Darrow, “I hope you do not mean to reflect upon the court?” Darrow replied, “Well, your honor has the right to hope.” Raulston responded, “I have the right to do something else” and held Darrow in contempt of court. Darrow later apologized for his remark, prompting a big hand from spectators, and Raulston dropped the contempt citation. Darrow and Raulston shook hands.

After expressing concern that the courtroom floor might collapse from the weight of so many spectators, Raulston transferred the proceedings to the lawn outside the courthouse. There, the defense read into the record, for purpose of appellate review, excerpts from the prepared statements of eight scientists and four experts on religion who had been prepared to testify. The statements of the experts were widely reported by the press, helping Darrow succeed in his efforts to turn the trial into a national biology lesson.

July 16, 1925 (a Thursday)

John Thomas Scopes, June, 1925.

On this date, lawyers for both sides in the Scopes Monkey Trial debated the issue of whether the defense should be allowed to present expert witnesses. Mr. Darrow said, “We expect to show that [the Bible] isn’t in conflict with the theory of evolution. We expect to show what evolution is, and the interpretation of the Bible that prevails with men of intelligence who have studied it. [Metcalf] is an evolutionist who has shown amply that he knows his subject and is competent to speak, and we insist that a jury cannot decide this important question which means the final battle ground between science and religion—according to our friend here—without knowing both what evolution is and the interpretation of the story of creation.”

The prosecution argued that such testimony was irrelevant to Scopes’ guilt or innocence under the statue. Assistant prosecutor Hicks said, “[W]hy admit these experts? Why admit them? It is not necessary. Why admit them? They invade the province of the jury…If they want to make a school down here in Tennessee to educate our poor ignorant people, let them establish a school out here; let them bring down their experts. The people of Tennesee do not object to that, but we do object to them making a school house or a teachers’ institute out of this court. Such procedure in Tennessee is unknown.”

Dudley Field Malone countered for the defense, arguing in a thundering voice that the prosecution’s position was borne of the same ignorance “which made it possible for theologians…to bring Old Galilee to trial.” He concluded by saying, “There is never a duel with the truth. The truth always wins and we are not afraid of it. The truth is no coward. The truth does not need the law. The truth does not need the force of government. The truth does not need Mr. Bryan. The truth is imperishable, eternal and immortal and needs no human agency to support it. We are ready to tell the truth as we understand it and we do not fear all the truth that they can present as facts. We are ready. We are ready. We feel we stand with progress. We feel we stand with science. We feel we stand with intelligence. We feel we stand with fundamental freedom in America. We are not afraid. Where is the fear? We meet it, where is the fear? We defy it, we ask your honor to admit the evidence as a matter of correct law, as a matter of sound procedure and as a matter of justice to the defense in this case. ” It was a powerful speech. Anti-evolution lawmaker John Washington Butler (who authored the statute Scopes was charged with violating) called it “the finest speech of the century.” Members of the press gave Malone a standing ovation and most courtroom spectators joined in the sustained applause.

July 15, 1925 (a Wednesday)

Drugstore owner Fred Robinson with his family and chimp.

On this date, the prosecution in the Scopes Monkey Trial presented its case against the defendant, calling to the stand Rhea County School Superintendent Walter White, two of John Scopes’ students (Howard Morgan and Harry Shelton), and Fred Robinson, who was a drug store owner and head of the school board. When the time came for cross-examination, Darrow went on the offensive. White conceded that the textbook Scopes was accused of using – Hunter’s Civic Biology – was the official biology textbook of the state of Tennessee. The students admitted that learning Darwin’s theory of evolution from their football coach had in no way damaged their faith or their character. Robinson testified that he himself sold copies of the offending textbook in his drugstore where John Scopes had been arrested.

Towards the end of the day, the defense called its first witness, zoology professor Maynard Metcalf, to explain evolution and to prove that even devout Christians accepted evolution; he was not only an evolutionary biologist from Johns Hopkins University but also a Sunday school teacher at his congregational church. The prosecution argued that Metcalf’s scientific testimony was irrelevant, but Judge Raulston had not yet made up his mind so he excused the jurors while Metcalf was initially questioned.

As court ended that day, Bryan handed Darrow a small wooden monkey, a tiny momento of the trial.

July 14, 1925 (a Tuesday)

On this date, lawyers in the Scopes Monkey Trial argued over whether it is appropriate for Judge Raulston to begin each court session with a prayer. Darrow stated, “I understand from the court himself that he has sometimes opened the court with prayer and sometimes not, and we took no exceptions on the first day, but seeing this is persisted in every session, and the nature of this case being one where it is claimed by the state that there is a conflict between science and religion, above all other cases there should be no part taken outside of the evidence in this case and no attempt by means of prayer or in any other way to influence the deliberation and consideration of the jury of the facts in this case.” Nevertheless, the judge overruled the objection.

An angry Judge Raulston appointed a committee to investigate who leaked to reporters the story that he would not grant the defense’s motion to quash the indictment on constitutional grounds.

The chimpanzee named Joe Mendi.

Outside the courtroom, two chimpanzees and a strange appearing man who was called “the missing link” were brought today to Dayton and attracted large crowds. One of the chimpanzees – named Joe Mendi – wore a plaid suit, a brown fedora, and white spats, and entertained Dayton’s citizens by monkeying around on the courthouse lawn. Apparently, the stunt was designed to “prove” that it was not man who evolved from the anthropoid, but the anthropoid which devolved from man. Mr. Bryan’s eyes sparkled as he gazed at the chimpanzee. “Wonderful!” he said. “Wonderful!” The so-called missing link was Jo Viens, formerly of Burlington, Vermont where, it was said, he was once mascot for the Burlington Fire Department. He was 51 years old, of short stature with a receding forehead and a protruding jaw like that of a simian, and had a peculiar shuffling walk which was said to be like that of an anthropoid. Mr. Nye asserted he was an example of how men “may go down now even as he [mankind] went down ages ago into the anthropoid.”

July 13, 1925 (a Monday)

The Judge (right) and Jury.

On this date, the defense in the Scopes Monkey Trial argued that the indictment of John Scopes should be thrown out for violating either the United States or Tennessee constitutions. This was the heart of the defense strategy; the goal was not to obtain the acquittal of Scopes, but to have a higher court – preferably the U.S. Supreme Court – declare laws forbidding the teaching of evolution to be unconstitutional. As expected, Judge Raulston denied the defense motion.

Notably, it was today that Clarence Darrow made the following famous statement during the trial:

If today you can take a thing like evolution and make it a crime to teach it in the public school, tomorrow you can make it a crime to teach it in the private schools, and the next year you can make it a crime to teach it to the hustings or in the church. At the next session you may ban books and the newspapers. Soon you may set Catholic against Protestant and Protestant against Protestant, and try to foist your own religion upon the minds of men. If you can do one you can do the other. Ignorance and fanaticism is ever busy and needs feeding. Always it is feeding and gloating for more. Today it is the public school teachers, tomorrow the private. The next day the preachers and the lectures, the magazines, the books, the newspapers. After while, your honor, it is the setting of man against man and creed against creed until with flying banners and beating drums we are marching backward to the glorious ages of the sixteenth century when bigots lighted fagots to burn the men who dared to bring any intelligence and enlightenment and culture to the human mind.

July 10, 1925 (a Friday)

Clarence Darrow and William Jennings Bryan during the trial.

On this date, the famous Scopes Monkey Trial began in Dayton, Tennessee with jury selection in the Rhea County Court House. A few months earlier (21 March), Tennessee Governor Austin Peay had signed the Butler Act, making it illegal “to teach any theory that denies the story of divine creation as taught by the Bible and to teach instead that man was descended from a lower order of animals.” In May, the American Civil Liberties Union had announced that it was willing to offer its services to any teacher who challenged the constitutionality of the new Tennessee anti-evolution statute. Local town leaders, realizing that a controversial trial would bring attention to Dayton and that the resulting publicity might thereby economically benefit the town, had recruited a local high school teacher, John Scopes, to stand trial under the Act. The 24-year-old Scopes was in his first job after graduating from the University of Kentucky in 1924. He taught algebra and physics, served as athletic coach, and occasionally substituted in biology classes at the Rhea County High School. The indictment identified the date of his teaching evolution as “the 24th day of April.”

Clarence Darrow, known as one of the best lawyers of his era, led the defense while William Jennings Bryan, three-time Democratic candidate for President and a populist, led the prosecution. The stage was set for one of the most famous trials in American history. For many Americans, this event marked the beginning of a re-examination of long-held religious beliefs and a growing acceptance of evolution and its implications for the place of humans on the planet.

More photos are available here.

June 19, 1987 (a Friday)

On this date, Edwards v. Aguillard was decided. In a 7-2 decision, the Supreme Court invalidated Louisiana’s “Creationism Act” because it violated the Establishment Clause of the U.S. Constitution.

March 21, 1925 (a Saturday)

On this date, Tennessee Governor Peay signed into law the Butler Act, “prohibiting the teaching of the Evolution Theory” in all public schools and universities and making it unlawful in public schools “to teach any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals.” This set the stage for the Scopes’ “Monkey Trial” in Dayton, Tennessee during the subsequent summer.

The author of the law, a Tennessee farmer named John Washington Butler, had introduced the bill into the state House of Representatives on January 25, 1925. Ironically, he later was reported to have said, “No, I didn’t know anything about evolution when I introduced it. I’d read in the papers that boys and girls were coming home from school and telling their fathers and mothers that the Bible was all nonsense.” After reading copies of William Jennings Bryan’s lecture “Is the Bible True?” as well as Charles Darwin’s The Origin of Species and The Descent of Man, Butler decided evolution was dangerous. During the trial, Butler told reporters, “I never had any idea my bill would make a fuss. I just thought it would become a law, and that everybody would abide by it and that we wouldn’t hear any more of evolution in Tennessee.”

January 5, 1982 (a Tuesday)

On this date, McLean v. Arkansas Board of Education was decided. An ACLU lawyer for the plaintiff dubbed it “Scopes II”, although the nickname didn’t quite fit this particular case. For one thing, Arkansas had already had its version of the Scopes trial in 1968, when the U.S. Supreme Court struck down the state’s ban on teaching evolution (Epperson v. Arkansas). In the 1980s, instead of banning the teaching of evolution, those who reject evolution were using a different tactic. They were trying to force the schools to teach creationism alongside evolution. Creationism, or creation-science as it was referred to in Arkansas’ “balanced treatment” law, is the belief that each species was independently created de novo a few thousand years ago in its modern form, and consequently living things do not evolve.

The Biblical creation had allegedly taken seven days, but its trial, which began on December 7, 1981, took nine.

Federal Judge William R. Overton found that Arkansas’ law (Act 590) mandating equal treatment of creation science with evolution violated the Establishment Clause of the First Amendment of the Constitution of the United States. In a decision that gave a detailed definition of the term “science”, the court declared that “creation science” is not in fact a science. Interestingly, to support his conclusion, Overton noted that the Arkansas law was a “model” bill drafted and promoted nationwide by Paul Ellwanger, a respiratory therapist from South Carolina. In explaining his model bill in a letter to Pastor Robert E. Hays, Ellwanger made it clear that he did not believe that creationism was a science:

While neither evolution nor creation can qualify as a scientific theory, and since it is virtually impossible at this point to educate the whole world that evolution is not a true scientific theory, we have freely used these terms – the evolution theory and the theory of scientific creationism – in the bill’s text.

Overton said that Ellwanger’s other correspondence on the subject showed “an awareness that Act 590 is a religious crusade, coupled with a desire to conceal this fact.” For example, in a letter to Senator Joseph Carlucci of Florida, Ellwanger wrote:

It would be very wise, if not actually essential, that all of us who are engaged in this legislative effort be careful not to present our position and our work in a religious framework. For example, in written communications that might somehow be shared with those other persons whom we may be trying to convince, it would be well to exclude our own personal testimony or witness for Christ….

Overton showed that creationism was not science by first listing the essential characteristics of science: (1) it is guided by natural law; (2) it has to be explanatory by reference to natural law; (3) it is testable against the empirical world; (4) its conclusions are tentative, that is, are not necessarily the final word; and (5) it is falsifiable. He then argued that creation science failed to meet these characteristics because it required a supernatural intervention which is not guided by natural law and which “is not explanatory by reference to natural law, is not testable, and is not falsifiable.” In support of this he pointed out that creationist methods “do not take data, weigh it against the opposing scientific data,” and then reach conclusions. Instead, creationists “take the literal wording of the Book of Genesis and attempt to find scientific support for it.” This argument made it clear that “since creation science is not science, the conclusion is inescapable that the only real effect of Act 590 is the advancement of religion.”

The court also found that the statute did not have a secular purpose, noting that the statute used language peculiar to creationist literature in emphasizing origins of life as an aspect of the theory of evolution. While the subject of life’s origins is within the province of biology, the scientific community does not consider the subject as part of evolutionary theory, which assumes the existence of life and is directed to an explanation of how life evolved after it originated. The theory of evolution does not presuppose either the absence or the presence of a creator.

Judge Overton’s most devastating critique of creation science was probably the following observation:

The proof in support of creation science consisted almost entirely of efforts to discredit the theory of evolution through a rehash of data and theories which have been before the scientific community for decades. The arguments asserted by creationists are not based upon new scientific evidence or laboratory data which has been ignored by the scientific community.

December 20, 2005 (a Tuesday)

On this date, Kitzmiller et al. v. Dover Area School District was decided.

First, some background information. In October 2004, the Dover [PA] Area School District Board of Directors had decided that “Students will be made aware of gaps/problems in Darwin’s theory and of other theories of evolution including, but not limited to, intelligent design.” In November 2004, they had announced that Dover High School’s ninth-grade biology teachers would read a statement informing students that “Darwin’s Theory . . . is not a fact” and that “intelligent design is an explanation of the origin of life that differs from Darwin’s view.” The statement referred students to the creationist textbook Of Pandas and People to learn “what intelligent design actually involves.” On December 14, 2004, eleven parents had filed suit in the Middle District of Pennsylvania against the District’s Board of Directors. [Interestingly, in January 2005, science teachers refused to read the ID statement; administrators read it themselves.] The trial had begun on September 26, 2005.

The presiding judge, John E. Jones III, was not fooled by the defendants’ denials that they are creationists: “[Intelligent Design] cannot uncouple itself from its creationist, and thus religious, antecedents.” He was especially displeased that board members Buckingham and Bonsell had lied under oath during their depositions: “[T]he inescapable truth is that both Bonsell and Buckingham lied at their January 3, 2005 depositions about their knowledge of the source of the donation for Pandas. . . . This mendacity was a clear and deliberate attempt to hide the source of the donations . . . to further ensure that Dover students received a creationist alternative to Darwin’s theory of evolution [emphasis added].” Presented with the truth about the board’s policy and the ID creationism it promoted, Jones ruled accordingly: “A declaratory judgment is hereby issued in favor of Plaintiffs . . . such that Defendants’ ID Policy violates the Establishment Clause of the First Amendment of the Constitution of the United States and . . . the Constitution of the Commonwealth of Pennsylvania.”

The victory was not just legal; the pro-ID school board was replaced by the voters on November 8, 2005.