Opinion
On June 19, 1987 the Supreme Court, in a seven to two majority opinion written by Justice William J. Brennan, ruled that the Act constituted an unconstitutional infringement on the Establishment Clause of the First Amendment, based on the three-pronged Lemon test, which is:
- The government's action must have a legitimate secular purpose;
- The government's action must not have the primary effect of either advancing or inhibiting religion; and
- The government's action must not result in an "excessive entanglement" of the government and religion.
However it did note that alternative scientific theories could be taught:
- We do not imply that a legislature could never require that scientific critiques of prevailing scientific theories be taught. . . . Teaching a variety of scientific theories about the origins of humankind to schoolchildren might be validly done with the clear secular intent of enhancing the effectiveness of science instruction.
The Court found that, although the Louisiana legislature had stated that its purpose was to "protect academic freedom," that purpose was dubious because the Act gave Louisiana teachers no freedom they did not already possess and instead limited their ability to determine what scientific principles should be taught. Because it was unconvinced by the state's proffered secular purpose, the Court went on to find that the legislature had a "preeminent religious purpose in enacting this statute."
Read more about this topic: Edwards V. Aguillard
Famous quotes containing the word opinion:
“When an opinion has taken root in a democracy and established itself in the minds of the majority, it afterward persists by itself, needing no effort to maintain it since no one attacks it. Those who at first rejected it as false come in the end to adopt it as accepted, and even those who still at the bottom of their hearts oppose it keep their views to themselves, taking great care to avoid a dangerous and futile contest.”
—Alexis de Tocqueville (1805–1859)
“Had Dr. Johnson written his own life, in conformity with the opinion which he has given, that every man’s life may be best written by himself; had he employed in the preservation of his own history, that clearness of narration and elegance of language in which he has embalmed so many eminent persons, the world would probably have had the most perfect example of biography that was ever exhibited.”
—James Boswell (1740–95)
“Uncle Matthew’s four years in France and Italy between 1914 and 1918 had given him no great opinion of foreigners. “Frogs,” he would say, “are slightly better than Huns or Wops, but abroad is unutterably bloody and foreigners are fiends.””
—Nancy Mitford (1904–1973)