ON APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
[June 19, 1987]
Justice Brennan delivered the opinion of the Court.
The question for decision is whether Louisiana's "Balanced Treatment for
Creation-Science and Evolution-Science in Public School Instruction" Act
(Creationism Act), La. Rev. Stat. Ann. §§ 17:286.1 17:286.7 (West
1982), is facially invalid as violative of the Establishment Clause of the
First Amendment. …
It is equally clear that requiring schools to teach creation science with
evolution does not advance academic freedom. The Act does not grant
teachers a flexibility that they did not already possess to supplant the
present science curriculum with the presentation of theories, besides evolution,
about the origin of life. [emphasis added] Indeed, the Court of
Appeals' found that no law prohibited Louisiana public schoolteachers from
teaching any scientific theory. 765 F. 2d, at 1257. As the president of the
Louisiana Science Teachers Association testified, "[a]ny scientific concept
that's based on established fact can be included in our curriculum already,
and no legislation allowing this is necessary." 2 App. E616. The Act provides
Louisiana schoolteachers with no new authority. Thus the stated purpose is
not furthered by it. …