Dean H. Kenyon - Biography - Court Cases - Edwards V. Aguillard

Edwards V. Aguillard

Following the McLean ruling, which declared the teaching of "creation science" in public schools to be an unconstitutional establishment of religion, Louisiana's version of the "Equal Time" legislation was put to the test. This time, Wendell Bird was deputized by the state and ran the state's defense of the law. Dean Kenyon was advertised as the creationists' lead expert witness, however the case (which eventually became Edwards v. Aguillard when it reached the Supreme Court) was decided by summary judgment, and so never went to a full trial. Nevertheless, in written briefs and in his oral arguments, Bird relied heavily on an expert witness affidavit written by Kenyon. This affidavit is online at the TalkOrigins website. It was entered into evidence in the Kitzmiller case as evidence that Kenyon was explicitly defending "creation science"—and advocating that it be given equal time in public schools and textbooks as the "only" alternative to evolution—while at the same time working on a public school textbook, which eventually became the first "intelligent design" book, Of Pandas and People.

In 1987 in Edwards v. Aguillard the Supreme Court heard a case concerning a Louisiana Law that required "creation science" be taught on an equal basis with evolution in public schools. Anti-creationists argued that this was illegal on the basis that it violated the Establishment Clause of the US Constitution. Kenyon issued an affidavit in that case, stating his support for creationism, and defining it thus:

Creation-science means origin through abrupt appearance in complex form, and includes biological creation, biochemical creation (or chemical creation), and cosmic creation. (...) Creation-science does not include as essential parts the concepts of catastrophism, a world-wide flood, a recent inception of the earth or life, from nothingness (ex nihilo), the concept of kinds, or any concepts from Genesis or other religious texts.