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Despite the amendment lacking the weight of law, the conference report is constantly cited by the Discovery Institute and other ID supporters as providing federal sanction for intelligent design.
In response to criticisms of the Institute stating that the amendment was a federal education policy requiring inclusion of alternatives to evolution be taught, which it was not, in 2003 intelligent design's three most prominent legislators, John Boehner, Judd Gregg and Santorum provided a letter to the Discovery Institute giving it the go ahead to invoke the amendment as evidence of " Congress's rejection of the idea that students only need to learn about the dominant scientific view of controversial topics ".
This letter was also sent to executives on the Ohio Board of Education and the Texas Board of Education, both of which were subject to Discovery Institute intelligent design campaigns at the time.

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