This seems more a legal question than a science question.
A federal judge has thrown out a lawsuit against the Roseville Joint Union High School District that was filed by a Granite Bay man unhappy with how evolution was being taught in his children's school.
Apparently, the man had met with school board officials several times and, when he did not get the answer that he wanted, sued them. The judge saw through the smokescreen and dismissed the suit. Said school board member Jan Pinney:
"He had more time before the board than anybody has ever had in my 12 years on the board."