Tangipahoa Parish Board of Education v. Freiler

Background

The Tangipahoa Parish school board adopted a resolution on April 19, 1994, requiring a disclaimer before lessons on evolution. About seven months later, three parents sued in federal court, arguing the disclaimer violated the federal and Louisiana prohibitions on government establishment of religion. The District Court struck down the disclaimer, and the Fifth Circuit affirmed, finding the disclaimer’s primary effect favored belief in the Biblical account of creation.

Reasoning

The central question was whether the school’s printed and spoken disclaimer unlawfully advanced religion. The Fifth Circuit applied the three-part Lemon test used in past cases and concluded the disclaimer failed the effects prong because it mainly protected a particular religious viewpoint. Justice Scalia’s dissent from the denial of review argued that the disclaimer was neutral, merely encouraged critical thinking, and only mentioned the “Biblical version of Creation” as an illustrative example. He criticized the Fifth Circuit’s reading of the text and urged the Court to abandon or revisit the Lemon test.

Real world impact

Because the Supreme Court declined to review the case, the lower courts’ rulings remain in place and the Tangipahoa Board may not use the challenged disclaimer as written. The decision affects how public schools in that appeals circuit may phrase statements about evolution and may limit school efforts to invite consideration of non-evolution explanations. The dispute over the proper test for religion-related school rules remains unresolved at the national level.

Dissents or concurrances

Justice Scalia, joined by the Chief Justice and Justice Thomas, dissented from the denial of review and would have granted review to reinstate the disclaimer and reconsider the governing test.