There is an interesting passage in Steve Fuller’s book Science vs. Religion? where he basically explains why his testimony helped lead to the defense losing in the Dover case. (Fuller testified on behalf of the school board, but didn’t do a very good job promoting their side, and Judge Jones, in his decision, cited Fuller as providing evidence for Jones’s opinion that intelligent design is religion, and not science.) Fuller writes:

The judge cited me a dozen times in his ruling, unsurprisingly, from whenever I had said something revealing or critical of IDT [intelligent design theory]. In the judge’s mind, the case turned on whether IDT is “really” religion and not science. Indeed, this forced choice of “either religion or science” was  the one constraint to which my testimony had to conform, in the eyes of the defense lawyers. However, my own view … is that science and religion are not “separate but equal,” as the Kitzmiller verdict suggests, but rather are substantially overlapping modes of inquiry. The spirit of that position remained present in my testimony, which gave Judge Jones the opportunity to use it to bolster an exclusively religious interpretation of IDT. (p. 98)

Given that that’s Fuller’s view, the defense really made a mistake having him testify on their behalf. Given that Fuller was the only philosophy-of-science-oriented expert witness that they had, it’s not surprising that they lost.

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