Facts of the Case
A Louisiana law entitled the "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction Act" prohibited the teaching of the theory of evolution in the public schools unless that instruction was accompanied by the teaching of creation science, a Biblical belief that advanced forms of life appeared abruptly on Earth. Schools were not forced to teach creation science. However, if either topic was to be addressed, evolution or creation, teachers were obligated to discuss the other as well.
Questions
Did the Louisiana law, which mandated the teaching of "creation science" along with the theory of evolution, violate the Establishment Clause of the First Amendment as applied to the states through the Fourteenth Amendment?
Conclusions
-
Yes. The Court held that the law violated the Constitution. Using the three-pronged test that the Court had developed in Lemon v. Kurtzman (1971) to evaluate potential violations of the Establishment Clause, Justice Brennan argued that Louisiana's law failed on all three prongs of the test. First, it was not enacted to further a clear secular purpose. Second, the primary effect of the law was to advance the viewpoint that a "supernatural being created humankind," a doctrine central to the dogmas of certain religious denominations. Third, the law significantly entangled the interests of church and state by seeking "the symbolic and financial support of government to achieve a religious purpose."
After Espinoza, What’s Left of the Establishment Clause?
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
The President's Immigration Travel Ban: What Trump v. Hawaii Has to Say About Stating a Claim Under the Establishment Clause
It is little appreciated that the United States Supreme Court’s decision today in Trump v. Hawaii,...
In Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway
Engage Volume 14, Issue 3 October 2013
Note from the Editor: This article is a discussion about the Establishment Clause issue in...