MARTINSBURG – A Harpers Ferry man is suing the Jefferson County Board of Education after he claims it is teaching evolution, which has caused harm to his child.


State Superintendent Michael Martirano; Francis Collins, National Institute of Health, Arne Duncan and the U.S. Department of Education were also named as defendants in the suit.


Kenneth Smith claims the defendants' actions during this school year have affected his child's future by teaching her evolutionary ideology "that just doesn't exist and has no math to back it," according to a complaint filed May 12 in the U.S. District Court for the Northern District of West Virginia.


Smith claims all of the defendants' acts foster the propagating of a religious faith in West Virginia public school machinery districts and government at large.


The defendants denied Smith's "accurate scientific mathematical system of genetic variations that proves evolution is a religion," according to the suit.


Smith is seeking for the court to declare the policy of evolution as violating the U.S. Constitution. He is representing himself.


The case is assigned to District Judge Gina Groh.


U.S. District Court for the Northern District of West Virginia case number: 3:15-cv-00057

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