The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, December 10, 1986
Decision: Friday, June 19, 1987
Issues: First Amendment, Parochiaid
Categories: education, freedom of religion

Advocates

Wendell R. Bird (Argued the cause for the appellants)
Jay Topkis (Argued the cause for the appellees)

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.

Question

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?

Conclusion

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."

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 7 votes for Aguillard, 2 vote(s) against
Legal Provision: Establishment of Religion
Voted with the majority
Marshall
Wrote the majority opinion
Brennan
Voted with the majority
Blackmun
Voted with the majority
Stevens
Wrote a regular concurrence
Powell
Wrote a special concurrence
White
Voted with the majority, joined Powell's concurrence
O'Connor
Wrote a dissent
Scalia
Voted with the minority, joined Scalia's dissent
Rehnquist
Full Opinion by Justice William J. Brennan, Jr.

Cite this page

The Oyez Project, Edwards v. Aguillard, 482 U.S. 578 (1987),
available at: <http://www.oyez.org/cases/1980-1989/1986/1986_85_1513/>
(last visited ).