Wednesday, September 23, 2009

DECISION OF THE COURT:

“The court, in a majority opinion written by Justice Brennan, ruled that the Act constituted an unconstitutional infringement on the Establishment Clause of the First Amendment, based on the Lemon test. This test, which was first enunciated by the Court in Lemon vs. Kurtzman, consists of three prongs:
1. The Government’s action must not promote a particular religion or religious view
2. The Government’s action must not have the primary effect of either advancing or inhibiting religion
3. The government’s action must not result in an “excessive entanglement” of the government and religion.”(7)
While finding that the Louisiana statute failed to comply with the Establishment Clause of the First Amendment (“the First Amendment guarantees freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another”)(8), the Court encouraged teaching a variety of scientific theories about the origins of humankind to school children with the clear secular intent of enhancing the effectiveness of science instruction." The Court found, which we will find their reason later, that by advancing the religious belief that a supernatural being created humankind, which is embraced by the term "Creation Science," the act endorsed a particular religious viewpoint. In addition, the Court found that the prerequisite of an all-inclusive science education is undermined when it is forbidden to teach evolution except when creation science is also taught.”

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