Nagel on the not-science charge against ID

Judge Jones cited as a decisive reason for denying ID the status of
science that Michael Behe, the chief scientific witness for the defense,
acknowledged that the theory would be more plausible to someone who
believed in God than to someone who did not.12 This is just common
sense, however, and the opposite is just as true: evolutionary theory as a
complete explanation of the development of life is more plausible to
someone who does not believe in God than to someone who does. Either
both of them are science or neither of them is. If both of them are
scientific hypotheses, the ground for exclusion must be that ID is hopelessly
bad science, or dead science, in Kitcher’s phrase.

12. “Professor Behe remarkably and unmistakably claims that the plausibility of the
argument for ID depends upon the extent to which one believes in the existence of God. As no
evidence in the record indicates that any other scientific proposition’s validity rests on
belief in God, nor is the Court aware of any such scientific propositions, Professor Behe’s
assertion constitutes substantial evidence that in his view, as is commensurate with other
prominent ID leaders, ID is a religious and not a scientific proposition” (Kitzmiller,
at p. 720).