The lawsuit to keep 'intelligent design' out of the classroom has started in Federal Court in Harrisburg, PA. Defendant's lawyers are calling it scientific theory and plaintiff's say its putting theology in the schools and violates the Constitution.

It reminds one of the Scopes Monkey trial in Tennessee, in 1925. Intellegent design is offered as an alternative to evolution that involves a God-like creator. "It's a clever tactical repackaging of creationism," lawyer Eric Rothschild, said.

"The U.S. Supreme Court outlawed teaching creationism in public schools in 1987." The defendants say its just another theory and not creationism. The school board says there are "gaps" in evolution and say it is theory and not fact.