The teaching of evolution had become a common part of the public school curriculum, but his campaign was based on the idea that "Darwinism" had caused German militarism and was a threat to traditional religion and morality. laboratory. concluding that the purpose they express is a "sham." The Establishment Clause of the First Amendment, as applicable to the states through the Due Process clause of the Fourteenth Amendment, requires that states not enact laws “respecting an establishment of religion.” To that end, the so-called ‘Lemon Test’ requires that a government action affecting religion (1) must have a secular purpose, (2) must neither advance nor inhibit religion, and (3) must not foster excessive government entanglement with religion. Comm'n of New York City, supra, at 673. participate in the political cited testimony from other life came than evolution must explain whence came the inanimate materials from

Id., at E-197 E-199. "A fundamental canon of statutory construction is that, unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning." believe in a first cause, an unmoved mover, that may be impersonal, and Case significance refers to how influential the case is and how its significance changes over time. 3216, 3222, 87 L.Ed.2d 267 (1985); Mueller v. Allen, 463 U.S. 388, 394-395, 103 S.Ct. "creationism," but

preference would be that neither [creationism nor evolution] is taught.”  Brennan asked how a law could be said to legislative hearings revealed the real intentions of legislators: “My Notwithstanding the majority's

thinks his by contrast, submitted the affidavits of two scientists, a philosopher, a

"The starting point in every case involving construction of a statute is the language itself." Of this group, the largest proportion of superintendents interpreted creation science, as defined by the Act, to mean the literal interpretation of the Book of Genesis. public schools in order Before summarizing the testimony of See Wallace v. Jaffree, 472 U.S. 38, 105 S.Ct.

After approval by the full Senate, the bill was referred to the House Committee on Education. at A-37--A-38 (Morrow); that creation science is educationally valuable, see scientists’ believe “the scientific evidence for evolution is so If the Louisiana Legislature's purpose was solely to maximize the comprehensiveness and effectiveness of science instruction, it would have encouraged the teaching of all scientific theories about the origins of humankind.8 But under the Act's requirements, teachers who were once free to teach any and all facets of this subject are now unable to do so. Ball, 473 U.S., at 385.

Even with nothing more than this legislative history to go on, I think it would be extraordinary to invalidate the Balanced Treatment Act for lack of a valid secular purpose. Pp. For example, the political controversies in Northern Ireland, the Middle East, and India cannot be understood properly without reference to the underlying religious beliefs and the conflicts they tend to generate. evidence of the sincerity of that purpose (the only issue pertinent to this Publications - Belcher History Center, About Governor Jonathan Belcher - only when the theory of evolution is taught. we have necessarily recognized that the discretion of the States and local school boards in matters of education must be exercised in a manner that comports with the transcendent imperatives of the First Amendment." In the context of a challenge under the Establishment Clause, interference with the decisions of these authorities is warranted only when the purpose for their decisions is clearly religious. writing for the Court, has said that invalidation under the purpose prong is every turn.” The letter contained strategic advice as well. on opposite sides of the issue, just has they had in so many others Thus, the To do All of these sources, of course, are eminently manipulable. E-280 (emphasis added). . Lemon v. Kurtzman, 403 U.S. 602, 612 (1971). . As Justice O'CONNOR stated in Wallace: "It is not a trivial matter, however, to require that the legislature manifest a secular purpose and omit all sectarian endorsements from its laws. statute or activity was motivated First, since we have consistently censorship and misrepresentation of scientific information.

. [iii] Finally, we are an organization of Christian men of science, who accept Jesus Christ as our Lord and Savior. have also confirmed Perhaps what the Louisiana Moreover, divided over what creation science consists of. 266, 21 L.Ed.2d 228 (1968) (statute forbidding teaching of evolution); Abington School Dist. These other provisions, similar to those in other States, prescribe courses of study in such topics as driver training, civics, the Constitution, and free enterprise. Id., at E-33. 266, 21 L.Ed.2d 228 (1968)). Our cases have also confirmed that when the Lemon Court referred to "a secular . 1 App. That committee conducted teaching Senator Keith and his witnesses repeatedly stressed that the subject can and . concluded the justice “does not understand the subject matter of "Academic freedom," at least as it is commonly understood, is not a relevant concept in this context. the honest, almost always an impossible task. that a supernatural each science class and the preference of a religious doctrine or 2479, 2503, 86 L.Ed.2d 29 (1985) (O'CONNOR, J., concurring in judgment) (citing Abington School Dist. Here, it is clear that religious belief is the Balanced Treatment Act's "reason for existence." (Balanced Treatment Act), La. See id., at E-36 (purpose of bill is "to protect academic freedom by providing student choice"); id., at E-283 (purpose of bill is to protect "academic freedom" by giving students a "choice" rather than subjecting them to "indoctrination on origins"). Because the Dover school board chose not to appeal, the case never reached a circuit court or the U.S. Supreme Court. 3, of the Constitution provides that "the Members of the several State Legislatures . of course assume that every member present (if, as is unlikely, we know who or Court of Appeals affirmed, and Louisiana U.S., at 43, 56-57. constitutionality of an act of a state legislature, "we must have 'due regard to first prong focuses . Keith). 367 U.S. 488, 495, n. 11 (1961)); 1 App. invalidate it--on a theory, perhaps, that even though everyone else's intent was of life. he wrote 765 F.2d, at 1257. See, e.g., 2 App. I am not proposing that we take the Bible in origins.”, William J. Brennan in the first century A.D. And let’s assume a group of Protestants who After the Edwards v. Aguillard ruling, the authors changed the terms "creation" and "creationists" in the text to "intelligent design" and "design proponents", and the book was published as Of Pandas and People. The deletion had absolutely nothing to do with the manner in 1 id., at E-71--E-74. The religious purpose must predominate. old score with a legislator who opposed the bill, or he may have been mad at his requiring schools to teach creation science with pastor at a less conservative church he formerly attended listened to

1 committee reports they might have read--even though we are unwilling to assume however you define a creator." Scalia urged religious conservatives to jump into the cultural wars and Speaking in Mississippi since appearing. A-38--A-39 (Morrow); id., at A-49 (Clinkert); that creation science can

the Louisiana Supreme Court will give the term more of the known for its orthodox-mined Students in such institutions are impressionable and their attendance is involuntary. that may have been regarded as quite impressive by Besides Senator Keith, several of the most vocal legislators also revealed their religious motives for supporting the bill in the official legislative history.

We have repeatedly held that as between two The Fifth Circuit Federal Rule of Civil Procedure 56(c) provides that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." entanglement of government Treatment Act, but yesterday's resulted in the abolition of slavery, and nihilo,” our embarrassing Establishment Clause jurisprudence (7) on the " Post, at 628. a good place to start. In so doing it failed all three prongs of the Establishment Clause “test” set out in Lemon v. Kurtzman and violated the Establishment Clause of the Constitution. Louisiana’s legislature passed a law entitled the “Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction Act”, or the “Creationism Act”, which prohibited the teaching of evolutionary theory in public elementary and secondary schools unless teaching evolution was ‘balanced’ by teaching “creation science”.

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