In 2005 the Association of Christian Schools International (ACSI) sued the University of California who had decided that their school qualifications were unsuitable as entry qualifications. This was due in part, to the use of creationist-leaning biology textbooks published by Bob Jones University Press and A Beka Books (including Biology: God's Living Creation and and Biology for Christian Schools.
Michael Behe was an expert witness for the ACSI, with Donald Kennedy and Francisco J. Ayala expert witnesses for UC.
The trial judge granted the defendants' motion for summary judgment, and the ACSI appealed.
The Appeals Court affirmed the trial court's ruling that the University of California's policy was constitutional.
"The plaintiffs have not alleged facts showing any risk that UC's policy will lead to the suppression of speech. ... the plaintiffs fail to allege facts showing that this policy is discriminatory in any way. ... The district court correctly determined that UC's rejections of the Calvary [Baptist School] courses [including a biology class that used Biology: God's Living Creation] were reasonable and did not constitute viewpoint discrimination. ... The plaintiffs assert a myriad of legal arguments attacking the district court's decision, all of which lack merit."
So no change there then.
Another victory against creationism, but as Larry Moran keeps saying, the fact that these battles are being undertaken in court is a failure, despite the fact that we keep winning.
Also this is the second time Michael Behe has been an expert witness for the loosing side.
More on this from the NCSE