Tangipahoa Parish Board of Education v. Freiler

Background

The Tangipahoa Parish Board of Education adopted a resolution requiring a disclaimer before lessons on evolution that urged students to consider alternative explanations, including the “Biblical version of Creation.” Three parents sued, and a federal district court found the disclaimer unconstitutional. The Fifth Circuit affirmed, agreeing the statement’s primary effect favored a religious viewpoint and invalidated it.

Reasoning

The core question was whether the disclaimer improperly advanced religion in public-school teaching. The Fifth Circuit applied the Lemon test and concluded the disclaimer’s effect promoted the Biblical creation view and failed the test. The Supreme Court declined to review the appeals court’s ruling, leaving that judgment in place.

Real world impact

Because the Court refused to take the case, the Fifth Circuit’s decision stands in that federal circuit. School boards in the affected region cannot rely on the same disclaimer language without risking lawsuits. The ruling does not represent a new nationwide Supreme Court decision and could be reconsidered if the Court later agrees to hear a similar case.

Dissents or concurrances

Justice Scalia dissented from the denial of review. He argued the disclaimer simply encouraged critical thinking, criticized the Lemon test, and said the reference to the Biblical account was only an illustrative example, not an endorsement.