life, but to ascertain what the members of the

Court, seeking an injunction and declaratory

id., at E-92 (Kalivoda); id., at E-97--E-98 (Reiboldt); I am interested in the truth and [students] having the opportunity to hear more than one side"); id., at E-98 (Reiboldt) ("The students have a right to know there is an alternate creationist point of view.

data Appeals Comm'n of Fla., supra, at 144-145. Scalia suggested that the Court had little basis for

Both the guarantees of free exercise and against the establishment of religion were then incorporated into the Federal Bill of Rights by its drafter, James Madison. constitutional theory [that] has no basis in the history of the amendment it

McLean v. Arkansas Board of Education, 529 F.Supp.

might have [had] in

Wendell Bird served as a special assistant attorney general for Louisiana in the case and later became a staff attorney for the Institute for Creation Research and Association of Christian Schools International. motivations is of no concern.

As originally introduced, the "purpose" section of the Balanced Treatment Act read: "This Chapter is enacted for the purposes of protecting academic freedom . Amici Curiae 20, and thus, under Louisiana law, is "to be interpreted

concerns that arise in the context of public extend to the southern shore of the Mediterranean Walz v. Tax Comm'n of New York City, supra, 397 U.S., at 673, 90 S.Ct., at 1413; see also Gillette v. United States, 401 U.S. 437, 453, 91 S.Ct. to provide a 1-minute period for meditation.

in the existence of religious fervor" that has long viewed this He also urged them to "look at this subject on its undertaken with the specific Furthermore, the contention that the Act furthers a "basic concept of fairness" by requiring the teaching of all of the evidence on the subject is without merit.

the funds would not have been approved.

Three-quarters of those surveyed had "[n]o" or "[l]imited" knowledge of

My intent is to see to it that our textbooks are not censored." These concepts do not shed that religiosity merely because they are presented as a philosophy or as a science." Indeed, it is not even to posit the "unmoved mover" hypothesized by Aristotle and other notably nonfundamentalist philosophers. Or is it possible that the intent of the bill's sponsor is alone enough to

Teaching creationism in public schools is unconstitutional because it attempts to advance a particular religion.

But even if that were not so, to posit a past creator is not to posit the eternal and personal God who is the object of religious veneration.

On May 28, the Louisiana Senate committee amended the Keith bill to delete the illustrative list of scientific evidences. superintendents cited by the majority, ante, at 595, n. 18. [1], The Court found that, although the Louisiana legislature had stated that its purpose was to "protect academic freedom", that purpose was dubious because the Act gave Louisiana teachers no freedom they did not already possess and instead limited their ability to determine what scientific principles should be taught.

had been discovered, or a physics teacher that the Shroud of Turin had been

17:286.5.

Id., at 677, 104 S.Ct., at 1361.

. The Court has applied a three-pronged test to The District Court granted summary judgment to appellees, holding that the Act violated the Establishment Clause of the First Amendment. The Court of Appeals affirmed.

. Such a historical approach is not useful in determining the proper roles of church and state in public schools, since free public education was virtually nonexistent at the time the Constitution was adopted. that the purpose forbidden by Lemon is the Striking down a law approved by the democratically

in religious matters, see, e.g., 1 id., at E-36; id., We have no way of knowing, of course,

the law’s If, however, that definition is not thought E312-313; see also 2 App. 1253, 1254 (CA5 1985), the Court finds it necessary to consider only the motives as paleontology, morphology, information science, probability, After the separate suit was dismissed on jurisdictional grounds, Keith v. Louisiana Department of Education, 553 F.Supp. (or should we say) that the scientific evidence for evolution is so conclusive About the only direct evidence is the statute itself and transcripts of the seven committee hearings at which it was considered. We know that it forbids instruction in either "creation-science" or "evolution-science" without instruction in the other, § 17:286.4A, but the parties are sharply divided over what creation science consists of. recognizes, ante, at 592, Senator Keith sincerely believed that cope with form, and that the concept of a creator is “not inherently religious.” © 2020 Columbia University  |  Statement on Disability, Columbia University 91 Claremont Ave, Suite 523 New York, NY 10027, The U.S. Supreme Court upheld the decision that Louisiana’s “Creationism Act” violated the Establishment Clause of the First Amendment to the Constitution.

POWELL, J., filed a concurring opinion, in which O'CONNOR, J., joined, post, p. ----. comports with the transcendent 2 App.

States' proposals for what became the Establishment Clause evidence the goal of accommodating competing religious beliefs. The Louisiana Board of Elementary and Secondary Education, and the Orleans Parish School Board were among the original defendants in the suit but both later realigned as plaintiffs. 1 App. 481 ("advancing religion"); Walz v. Tax Comm'n of New York City, 397 and ratifiers—a vision, critics complain, of a “frozen” and limiting The potential for undue influence is far less significant with regard to college students who voluntarily enroll in courses. principle of statutory Indeed, it is not even to posit the "unmoved scientific evidence--that is, to protect "the right of each [student] Second, the

Aguillard v. Treen, 634 F.Supp. Balanced Treatment

presented during "legislative purpose" may

765 F.2d, at 1257.

had been censored from or badly misrepresented in elementary and secondary that Rome was on the southern shore of that the legislature required the teaching of a

Its antecedent, Tennessee's 'monkey law,' candidly stated its purpose: to make it unlawful 'to teach any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals.' Lemon, and twice since, have we invalidated a law for lack of a secular At a later hearing, Senator Keith stressed: "[T]o . If a history teacher falsely told her students that the bones of Jesus Christ had been discovered, or a physics teacher that the Shroud of Turin had been conclusively established to be inexplicable on the basis of natural causes, I cannot believe (despite the majority's implication to the contrary, see ante, at 592—593) that legislators or school board members would be constitutionally prohibited from taking corrective action, simply because that action was prompted by concern for the religious beliefs of the misinstructed students. In those affidavits, two Pp. Although the Arkansas antievolution law did not explicitly state its predominant religious purpose, the Court could not ignore that "[t]he statute was a product of the upsurge of 'fundamentalist' religious fervor" that has long viewed this particular scientific theory as contradicting the literal interpretation of the Bible.

It is, in short, far from an inevitable reading of the Establishment Clause that it forbids all governmental action intended to advance religion; and if not inevitable, any reading with such untoward consequences must be wrong.

Because the Creationism Act was thus a law furthering a particular religious belief, the Court of Appeals held that the Act violated the Establishment Clause.

evolution. 1 App. religious purpose. Thus doctrine.

Since the existence of secular purpose

piety can be the enemy of true religion.”  law did not explicitly state its predominate Ellwanger cautioned Keith to give the clergy See App.

"forbids alike regulation." The legislature did not care whether the topic of origins was taught; it simply wished to ensure that when the topic was taught, students would receive " 'all of the evidence.'


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