Edwards V. Aguillard - Dissent

Dissent

Justice Antonin Scalia, joined by Chief Justice William Rehnquist, dissented, accepting the Act's stated purpose of "protecting academic freedom" as a sincere and legitimate secular purpose. They construed the term "academic freedom" to refer to "students' freedom from indoctrination", in this case their freedom "to decide for themselves how life began, based upon a fair and balanced presentation of the scientific evidence". However, they also criticized the first prong of the Lemon test, noting that "to look for the sole purpose of even a single legislator is probably to look for something that does not exist".

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