Kitzmiller v. Dover Area School District:
The ‘Intelligent Design’ Case

Facts About the Case

The facts of the case are as follows:

Case: Kitzmiller v. Dover Area School District, 400 F. Supp. 2d 707 (M.D. Pa. 2005)
Judge: Honorable John E. Jones, III
Court: U.S. District Court for the Middle District of Pennsylvania (Harrisburg, Pa.)
Trial: Six-week bench trial (before the judge; no jury) – September 26, 2005 through November 4, 2005
Decision: Judge Jones issued his opinion and order on December 20, 2005, ruling that the teaching of intelligent design in public schools violates the Establishment Clause of the First Amendment. The ruling is a victory for the plaintiffs in the case.

Plaintiffs’ Counsel (and primary contacts)

• Pepper Hamilton LLP (partners Eric Rothschild and Stephen G. Harvey; Pepper represented the plaintiffs as part of its pro bono and public service program)


• American Civil Liberties Union of Pennsylvania (Witold J. Walczak, legal director)


• Americans United for Separation of Church and State (Richard B. Katskee, assistant legal director)

Defendants’ Counsel (and primary contact)

• Thomas More Law Center (Richard Thompson, president and chief counsel)

Issue: This is the first case in the nation to test whether "intelligent design," an argument that the complexity of biological life proves the existence of a supernatural intelligent designer, can be introduced into the curriculum of public high school science classes.

Plaintiffs challenged the Dover Area School District policy requiring the teaching of "intelligent design" in ninth grade biology class. The legal team represented 11 parents who challenged the curriculum change as a violation of the First Amendment, on the grounds that the school board acted with a religious purpose and that its action had the effect of promoting or endorsing an inherently religious concept (creationism).

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