OCTOBER TERM 1986 · DECIDED JUNE 19, 1987 · 7–2

482 U.S. 578 · No. 85-1513 · Argued December 10, 1986

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Edwards v. Aguillard

AffirmedFinal ruling
evolution in schoolscreationismseparation of church and statepublic school curriculumFirst Amendment

Opinion of the Court by Justice Brennan, joined by Justices Marshall, Blackmun, Powell, and Stevens

The Supreme Court struck down Louisiana's law requiring public schools to give equal classroom time to "creation science" whenever they taught evolution, ruling the law was designed to promote a particular religious view of how life began.

Because the law's real aim was religious rather than educational, it violated the First Amendment's ban on government establishment of religion, reinforcing strict limits on how far states can go in shaping public school science lessons around religious beliefs.

The Act violates the Establishment Clause of the First Amendment because it seeks to employ the symbolic and financial support of government to achieve a religious purpose.
Justice Brennan

The majority's core conclusion on why Louisiana's law was unconstitutional.

How it got here: A federal district court granted summary judgment against the law; the Fifth Circuit affirmed; the Supreme Court agreed to hear Louisiana's appeal.

The Case in Depth

What happened

Louisiana passed a law forbidding public schools from teaching evolution unless they also taught "creation science," a theory defined by statute as scientific evidence for creation. Parents, teachers, and religious leaders in Louisiana sued, arguing the law was a disguised attempt to inject a religious account of human origins into public school science classes, while state officials defended it as protecting "academic freedom."

The question before the Court

Could Louisiana require public schools to teach "creation science" alongside evolution, or ban teaching evolution altogether unless they did?

Why it matters

Public school teachers and students nationwide are affected: schools cannot be forced to balance evolution lessons with a religious account of creation dressed up as science. The ruling gave states, school boards, and future litigants a clear precedent for evaluating any curriculum law suspected of having a hidden religious motive, shaping decades of later disputes over evolution, intelligent design, and science standards.

What changes now

This is a final merits ruling striking down the Louisiana law outright, so no further proceedings are needed on the statute itself. The decision became a lasting benchmark for evaluating later state and local efforts to require "balanced treatment" of evolution and religiously-tinged alternatives such as intelligent design in public school science curricula.

What this does not decide

The Court made clear it was not saying legislatures can never require teaching of scientific critiques of prevailing theories, or that all mention of religion or creation-related topics is forbidden in schools; it struck down this particular law because its actual purpose was to advance a specific religious doctrine, not because science curricula can never be adjusted.

Concurrences and dissents

Concurrence — Justice Powell

Justice Powell, joined by Justice O'Connor, wrote separately to walk through the legislative history in detail, showing that "creation science" as defined by the Act's own sponsors and expert witnesses embodied belief in a supernatural creator. He stressed that the ruling does not diminish the broad discretion states and school boards normally have over curriculum, and that only a clearly religious purpose justifies judicial interference.

Concurrence in part — Justice O'Connor

Justice O'Connor joined the majority opinion in full except for Part II, which discussed the special vulnerability of students in elementary and secondary schools. She joined Justice Powell's separate concurrence instead, focusing on the legislative history evidence of religious purpose rather than the broader discussion of schoolchildren's susceptibility to influence.

Concurrence — Justice White

Justice White concurred only in the judgment. He argued the Court should simply defer to the lower courts' interpretation that Louisiana's law required teaching a religious belief, since courts of appeals are normally better positioned to construe state statutes, and once that construction is accepted the law is clearly unconstitutional under existing precedent.

Dissent — Justice Scalia

Justice Scalia, joined by the Chief Justice, argued the Court had no real basis for concluding the Louisiana Legislature's stated purpose of protecting "academic freedom" (understood as students' freedom from indoctrination) was insincere. He contended the majority effectively accused legislators of lying under oath based on speculation, and that courts should presume legislatures act in good faith absent clear evidence otherwise; he would have upheld the law or at least remanded for further proceedings.

How the Court got there

The legal reasoning, step by step

  1. The Court applied the three-part Lemon test for Establishment Clause claims, which asks whether a law has a secular purpose, whether its main effect advances or inhibits religion, and whether it creates excessive government entanglement with religion; failing any one part is enough to invalidate a law.
  2. Because public elementary and secondary schools involve young, impressionable students who must attend by law, the Court said it applies the Establishment Clause with special care in that setting, more so than for adults or college students who choose their own courses.
  3. Looking at the law's stated purpose of "academic freedom," the Court found that phrase didn't match what the statute actually did: it didn't give teachers any new freedom to teach additional theories, since Louisiana law already allowed that, and it didn't require balanced curriculum guides or resources for evolution the way it did for creation science.
  4. The Court then looked past the stated purpose to the legislative history, including sponsor Senator Keith's own statements and expert testimony described creation science as tied to belief in a supernatural creator, and concluded the law's real purpose was to advance a particular religious viewpoint about the origin of humankind.
  5. Drawing on Epperson v. Arkansas, a 1968 case striking down a ban on teaching evolution for religious reasons, the Court held that the Establishment Clause equally forbids favoring a religious doctrine or banning a theory because it conflicts with one, and found Louisiana's law did both by singling out evolution for special treatment.
  6. Having found no genuine secular purpose behind the law, the Court concluded it failed the first prong of the Lemon test on its face, meaning the statute could not survive Establishment Clause scrutiny regardless of its effects or any entanglement concerns.

Doctrinal impact

Laws and provisions at issue

Establishment Clause (First Amendment)

Constitutional rule barring government from passing laws that favor or advance religion.

Fourteenth Amendment

Extends the First Amendment's religion rules so they also apply to state governments like Louisiana.

Cases affected by this decision

Reaffirms Epperson v. Arkansas (393 U.S. 97)

Relied on as controlling authority that laws favoring or banning teaching based on religious doctrine violate the Establishment Clause.

Reaffirms Lemon v. Kurtzman (403 U.S. 602)

The three-part test from this case was applied again as the framework for deciding the case.

Supreme Court Opinion

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Edwards v. Aguillard | SCOTUS Reporter