Edwards V. Aguillard - Background

Background

Modern American creationism arose out of the theological split over modernist higher criticism and its rejection by the Fundamentalist Christian movement which promoted Biblical literalism and, post 1920, took up the anti-evolution cause led by William Jennings Bryan. 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. Several states passed legislation to ban or restrict the teaching of evolution. The Tennessee Butler Act was tested in the Scopes Trial of 1925, and continued in effect with the result that evolution was not taught in many schools.

When the United States sought to catch up in science during the 1960s with new teaching standards which reintroduced evolution, the creation science movement arose, presenting what was claimed to be scientific evidence supporting young earth creationism. Attempts were made to reintroduce legal bans, but the Supreme Court ruled that bans on teaching evolutionary biology are unconstitutional as they violate the establishment clause of the US constitution, which forbids the government from advancing a particular religion.

In the early 1980s several states attempted to introduce creationism along with teaching of evolution, and the Louisiana legislature passed a law, authored by State Senator Bill P. Keith of Caddo Parish, entitled the "Balanced Treatment for Creation-Science and Evolution-Science Act." The Act did not require teaching either creationism or evolution, but did require that if evolutionary science was taught then "creation science" must be taught as well. Creationists lobbied aggressively for the law. The stated purpose of the Act was to protect "academic freedom." Counsel for the state later admitted at the Supreme Court oral argument that the "legislature may not used the term 'academic freedom' in the correct legal sense. They might have in mind, instead, a basic concept of fairness; teaching all the evidence." Governor David C. Treen signed the bill into law in 1981.

The District Court and Fifth Circuit Court of Appeals ruled against Louisiana, finding that its actual purpose in enacting the statute was to promote the religious doctrine of "creation science." An Arkansas District Court previously held in a 1982 decision in McLean v. Arkansas that a similar "balanced treatment" statute violated the Establishment Clause of the First Amendment. Arkansas did not appeal the loss. Creationists believed the statute at issue in Edwards v. Aguillard had a better chance of passing constitutional muster, and so Louisiana appealed its loss in the trial and appellate courts to the Supreme Court.