Proposal
This paper probes the Edwards v. Aguillard decision of the United States Supreme Court. The ruling does not forbid the teaching of creation-science in the public school classroom; it only prohibits state legislatures from mandating its introduction into the science curriculum under 'Balanced Treatment' laws. Individual teachers, school boards and districts remain free to introduce creation-science provided the information is presented in a secular fashion. Comparison of case-law and precedent reveals that the Supreme Court majority opinion of religious purpose is untenable. It is based not on adherance to legal procedure or the legal record but on the Court's subjective notion of creation as inextricably linked with Protestant Fundamentalism.
The decision, however, does not abrogate well-established constitutional rights to free speech, academic freedom, etc., if emanating from the individual teacher or school board. Analysis of case-precedent supports this conclusion. Finally, misinterpretation of Aguillard by the lower courts is displayed by the Webster v. New Lenox case. The current struggle of the ICR graduate school to maintain its science curriculum in the face of state hostility over its creation curriculum indicates increasing attempts by the evolutionist majority to censor the minority view on origins.
Keywords
Creationism, Edwards v. Aguillard, Webster v. New Lenox, teaching, constitution, creation-science, legal developments
Print Reference
Volume 2:I, Pages 147-154
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Recommended Citation
Melnick, Robert R.
(1990)
"Analysis and Effect of the Edwards v. Aguillard Decision on the Constitutional Bases to Teach Creation-Science and Current Legal Developments,"
Proceedings of the International Conference on Creationism: Vol. 2, Article 27.
Available at:
https://digitalcommons.cedarville.edu/icc_proceedings/vol2/iss1/27