When a conservative, Republican, church-going, Bush-appointed judge sees through the sham of Intelligent Design, you know the creationist movement will have tough sledding ahead.
I still think that the ultimate solution will be to set up a constitutional wall between school and state, just as there is now a wall between church and state. School (as does education in general) should deal intimately with questions of moral and perhaps religious or theological Weltanschauung. In a government-run school system, it is impossible to deal with such subjects without trampling on someone's First Amendment rights.
Peace,
Tor
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