edwards aguillard argued december decided june louisiana creationism act forbids teaching theory evolution public elementary secondary schools unless accompanied instruction theory creation science act require teaching either theory unless taught defines theories scientific evidences creation evolution inferences scientific evidences appellees include louisiana parents teachers religious leaders challenged act constitutionality federal district seeking injunction declaratory relief district granted summary judgment appellees holding act violated establishment clause first amendment appeals affirmed held act facially invalid violative establishment clause first amendment lacks clear secular purpose pp act stated secular purpose protecting academic freedom enhance freedom teachers teach choose fails goal teaching evidence forbidding teaching evolution creation science also taught undermines provision comprehensive scientific education moreover requiring teaching creation science evolution give schoolteachers flexibility already possess supplant present science curriculum presentation theories besides evolution origin life furthermore contention act furthers basic concept fairness requiring teaching evidence subject without merit indeed act evinces discriminatory preference teaching creation science teaching evolution requiring curriculum guides developed resource services supplied teaching creationism teaching evolution limiting membership resource services panel creation scientists forbidding school boards discriminate anyone chooses teach creation science failing protect choose teach theories refuse teach creation science law intended maximize comprehensiveness effectiveness science instruction encourage teaching scientific theories human origins instead act distinctly different purpose discrediting evolution teaching every turn teaching creationism pp act impermissibly endorses religion advancing religious belief supernatural created humankind legislative history demonstrates term creation science contemplated state legislature embraces religious teaching act primary purpose change public school science curriculum provide persuasive advantage particular religious doctrine rejects factual basis evolution entirety thus act designed either promote theory creation science embodies particular religious tenet prohibit teaching scientific theory disfavored certain religious sects either case act violates first amendment pp district err granting summary judgment upon finding appellants failed raise genuine issue material fact appellants relied uncontroverted affidavits scientists theologians education administrator defining creation science origin abrupt appearance complex form alleging viewpoint constitutes true scientific theory district discretion properly concluded postenactment testimony experts concerning possible technical meanings act terms illuminate contemporaneous purpose state legislature passed act none persons making affidavits produced appellants participated contributed enactment law pp brennan delivered opinion marshall blackmun powell stevens joined part ii joined powell filed concurring opinion joined post white filed opinion concurring judgment post scalia filed dissenting opinion rehnquist joined post wendell bird special assistant attorney general georgia argued cause appellants briefs morgan brian thomas anderson special assistant attorneys general kendall vick patricia nalley bowers assistant attorney general louisiana jay topkis argued cause appellees brief john digiulio samuel rosenberg allen blumstein gerard harper jack novik burt neuborne norman dorsen john sexton ron wilson briefs amici curiae urging reversal filed catholic league religious civil rights steven frederick mcdowell christian legal society et al michael woodruff kimberlee colby samuel ericsson forest montgomery concerned women america michael farris jordan lorence briefs amici curiae urging affirmance filed state new york et al robert abrams attorney general new york peter sherwood solicitor general paul glickman jane levine suzanne lynn marla tepper assistant attorneys general neil hartigan attorney general illinois american association university professors et al ann franke jacqueline mintz sheldon steinbach american federation teachers bruce miller stuart israel american jewish congress et al marvin frankel marc stern ronald krauss americans separation church state et al lee boothby samuel rabinove richard foltin james parker league et al ruti teitel justin finger jeffrey sinensky steven freeman national academy sciences barry garfinkel mark herlihy new york committee public education religious liberty leo pfeffer people american way et al timothy dyk douglas melamed kerry kircher spartacist league et al rachel wolkenstein nobel laureates et al walter slocombe briefs amici curiae filed rabbinical alliance america et al john whitehead larry crain reverend bill mclean et al philip kaplan justice brennan delivered opinion question decision whether louisiana balanced treatment public school instruction act creationism act la rev stat ann west facially invalid violative establishment clause first amendment creationism act forbids teaching theory evolution public schools unless accompanied instruction creation science school required teach evolution creation science either taught however must also taught ibid theories evolution creation science statutorily defined scientific evidences creation evolution inferences scientific evidences appellees include parents children attending louisiana public schools louisiana teachers religious leaders challenged constitutionality act district seeking injunction declaratory relief appellants louisiana officials charged implementing act defended ground purpose act protect legitimate secular interest namely academic freedom appellees attacked act facially invalid violated establishment clause made motion summary judgment district granted motion aguillard treen supp ed la held valid secular reason prohibiting teaching evolution theory historically opposed religious denominations concluded teaching creationism contemplated statute involves teaching tailored principles particular religious sect group sects citing epperson arkansas district therefore held creationism act violated establishment clause either prohibited teaching evolution required teaching creation science purpose advancing particular religious doctrine appeals affirmed observed statute avowed purpose protecting academic freedom inconsistent requiring upon risk sanction teaching creation science whenever evolution taught found louisiana legislature actual intent discredit evolution counterbalancing teaching every turn teaching creationism religious belief ibid creationism act thus law furthering particular religious belief appeals held act violated establishment clause suggestion rehearing en banc denied dissent noted probable jurisdiction affirm ii establishment clause forbids enactment law respecting establishment religion applied test determine whether legislation comports establishment clause first legislature must adopted law secular purpose second statute principal primary effect must one neither advances inhibits religion third statute must result excessive entanglement government religion lemon kurtzman state action violates establishment clause fails satisfy prongs case must determine whether establishment clause violated special context public elementary secondary school system local school boards generally afforded considerable discretion operating public schools see bethel school dist fraser brennan concurring judgment tinker des moines independent community school time necessarily recognized discretion local school boards matters education must exercised manner comports transcendent imperatives first amendment board education island trees union free school dist pico particularly vigilant monitoring compliance establishment clause elementary secondary schools families entrust public schools education children condition trust understanding classroom purposely used advance religious views may conflict private beliefs student family students institutions impressionable attendance involuntary see grand rapids school dist ball wallace jaffree meek pittenger abington school dist schempp brennan concurring state exerts great authority coercive power mandatory attendance requirements students emulation teachers role models children susceptibility peer pressure see bethel school dist fraser supra wallace jaffree supra concurring judgment furthermore public school symbol democracy pervasive means promoting common destiny activity state vital keep divisive forces schools illinois ex rel mccollum board education opinion frankfurter consequently required often invalidate statutes advance religion public elementary secondary schools see grand rapids school dist ball supra school district use religious school teachers public schools wallace jaffree supra alabama statute authorizing moment silence school prayer stone graham posting copy ten commandments public classroom wall epperson arkansas statute forbidding teaching evolution abington school dist schempp supra daily reading bible engel vitale recitation denominationally neutral prayer therefore employing lemon test must mindful particular concerns arise context public elementary secondary schools turn evaluation act lemon test iii lemon first prong focuses purpose animated adoption act purpose prong lemon test asks whether government actual purpose endorse disapprove religion lynch donnelly concurring governmental intention promote religion clear state enacts law serve religious purpose intention may evidenced promotion religion general see wallace jaffree supra establishment clause protects individual freedom conscience select religious faith none advancement particular religious belief stone graham supra invalidating requirement post ten commandments undeniably sacred text jewish christian faiths omitted epperson arkansas supra holding banning teaching evolution public schools violates first amendment since teaching learning must tailored principles prohibitions religious sect dogma law enacted purpose endorsing religion consideration second third criteria lemon necessary wallace jaffree supra case appellants identified clear secular purpose louisiana act true act stated purpose protect academic freedom la rev stat ann west phrase might common parlance understood referring enhancing freedom teachers teach appeals however correctly concluded act designed goal find merit state argument legislature may use terms academic freedom correct legal sense might mind instead basic concept fairness teaching evidence tr oral arg even academic freedom read mean teaching evidence respect origin human beings act purpose goal providing comprehensive science curriculum furthered either outlawing teaching evolution requiring teaching creation science normally deferential state articulation secular purpose required statement purpose sincere sham see wallace jaffree powell concurring concurring judgment stone graham supra abington school dist schempp justice stated wallace trivial matter however require legislature manifest secular purpose omit sectarian endorsements laws requirement precisely tailored establishment clause purpose assuring government intentionally endorse religion religious practice concurring judgment clear legislative history purpose legislative sponsor senator bill keith narrow science curriculum legislative hearings senator keith stated preference neither creationism evolution taught app ban teaching promote indeed undermines provision comprehensive scientific education equally clear requiring schools teach creation science evolution advance academic freedom act grant teachers flexibility already possess supplant present science curriculum presentation theories besides evolution origin life indeed appeals found law prohibited louisiana public school teachers teaching scientific theory president louisiana science teachers association testified ny scientific concept based established fact included curriculum already legislation allowing necessary app act provides louisiana schoolteachers new authority thus stated purpose furthered alabama statute held unconstitutional wallace jaffree supra analogous wallace state characterized new law one designed provide period meditation rejected stated purpose insufficient previously adopted alabama law already provided period thus case wallace ppellants identified secular purpose fully served existing state law enactment statute question furthermore goal basic fairness hardly furthered act discriminatory preference teaching creation science teaching evolution requiring curriculum guides developed creation science act says nothing comparable guides evolution la rev stat ann west similarly resource services supplied creation science evolution creation scientists serve panel supplies resource services ibid act forbids school boards discriminate anyone chooses teach creationism fails protect choose teach evolution noncreation science theory refuse teach creation science louisiana legislature purpose solely maximize comprehensiveness effectiveness science instruction encouraged teaching scientific theories origins humankind act requirements teachers free teach facets subject unable moreover act fails even ensure creation science taught instead requires teaching theory theory evolution taught thus agree appeals conclusion act serve protect academic freedom distinctly different purpose discrediting evolution counterbalancing teaching every turn teaching creationism stone graham invalidated state requirement ten commandments posted public classrooms ten commandments undeniably sacred text jewish christian faiths legislative recitation supposed secular purpose blind us fact omitted result contention law designed provide instruction fundamental legal code sufficient avoid conflict first amendment ibid similarly abington school dist schempp held unconstitutional statute requiring selection reading opening school day verses holy bible recitation lord prayer students unison despite proffer secular purposes promotion moral values contradiction materialistic trends times perpetuation institutions teaching literature stone abington need blind case legislature preeminent religious purpose enacting statute historic contemporaneous link teachings certain religious denominations teaching evolution link concerned epperson arkansas also involved facial challenge statute regulating teaching evolution case reviewed arkansas statute made unlawful instructor teach evolution use textbook referred scientific theory although arkansas antievolution law explicitly state predominate religious purpose ignore statute product upsurge fundamentalist religious fervor long viewed particular scientific theory contradicting literal interpretation bible reviewing history antievolution statutes determined doubt motivation arkansas law antievolution statutes suppress teaching theory thought denied divine creation man found legitimate state interest protecting particular religions scientific views distasteful citation omitted concluded first amendment permit state require teaching learning must tailored principles prohibitions religious sect dogma historic contemporaneous antagonisms teachings certain religious denominations teaching evolution present case preeminent purpose louisiana legislature clearly advance religious viewpoint supernatural created humankind term creation science defined embracing particular religious doctrine responsible passage creationism act senator keith leading expert creation science edward boudreaux testified legislative hearings theory creation science included belief existence supernatural creator see app noting creation scientists point high probability life created intelligent mind senator keith also cited testimony experts support view creator responsible universe everything app legislative history therefore reveals term creation science contemplated legislature adopted act embodies religious belief supernatural creator responsible creation humankind furthermore happenstance legislature required teaching theory coincided religious view legislative history documents act primary purpose change science curriculum public schools order provide persuasive advantage particular religious doctrine rejects factual basis evolution entirety sponsor creationism act senator keith explained legislative hearings disdain theory evolution resulted support evolution supplied views contrary religious beliefs according senator keith theory evolution consonant cardinal principle religious humanism secular humanism theological liberalism aetheistism sic app see also app state senator repeatedly stated scientific evidence supporting religious views included public school curriculum redress fact theory evolution incidentally coincided characterized religious beliefs antithetical legislation therefore sought alter science curriculum reflect endorsement religious view antagonistic theory evolution case purpose creationism act restructure science curriculum conform particular religious viewpoint many possible science subjects taught public schools legislature chose affect teaching one scientific theory historically opposed certain religious sects epperson legislature passed act give preference religious groups one tenets creation humankind divine creator overriding fact confronted epperson arkansas law selects body knowledge particular segment proscribes sole reason deemed conflict particular interpretation book genesis particular religious group similarly creationism act designed either promote theory creation science embodies particular religious tenet requiring creation science taught whenever evolution taught prohibit teaching scientific theory disfavored certain religious sects forbidding teaching evolution creation science also taught establishment clause however forbids alike preference religious doctrine prohibition theory deemed antagonistic particular dogma emphasis added primary purpose creationism act advance particular religious belief act endorses religion violation first amendment imply legislature never require scientific critiques prevailing scientific theories taught indeed acknowledged stone decision forbidding posting ten commandments mean use ever made ten commandments ten commandments played exclusively religious role history western civilization similar way teaching variety scientific theories origins humankind schoolchildren might validly done clear secular intent enhancing effectiveness science instruction primary purpose creationism act endorse particular religious doctrine act furthers religion violation establishment clause iv appellants contend genuine issues material fact remain dispute therefore district erred granting summary judgment federal rule civil procedure provides summary judgment shall rendered forthwith pleadings depositions answers interrogatories admissions file together affidavits show genuine issue material fact moving party entitled judgment matter law finding improper purpose behind statute appropriately determined statute face legislative history interpretation responsible administrative agency see wallace jaffree stone graham epperson arkansas plain meaning statute words enlightened context contemporaneous legislative history control determination legislative purpose see wallace jaffree supra concurring judgment richards jay boyd moreover determining legislative purpose statute also considered historical context statute epperson arkansas supra specific sequence events leading passage statute arlington heights metropolitan housing dev case appellees motion summary judgment rested plain language creationism act legislative history historical context act specific sequence events leading passage act state board report survey school superintendents correspondence act legislative sponsor key witnesses appellants contend affidavits made two scientists two theologians education administrator raise genuine issue material fact summary judgment therefore barred affidavits define creation science origin abrupt appearance complex form allege viewpoint constitutes true scientific theory see app brief appellants agree lower courts affidavits raise genuine issue material fact existence uncontroverted affidavits bar summary judgment moreover postenactment testimony outside experts little use determining louisiana legislature purpose enacting statute louisiana legislature hear rely scientific experts passing bill none persons making affidavits produced appellants participated contributed enactment law implementation district discretion properly concluded battle experts possible technical meanings terms statute illuminate contemporaneous purpose louisiana legislature made law therefore conclude district err finding appellants failed raise genuine issue material fact granting summary judgment louisiana creationism act advances religious doctrine requiring either banishment theory evolution public school classrooms presentation religious viewpoint rejects evolution entirety act violates establishment clause first amendment seeks employ symbolic financial support government achieve religious purpose judgment appeals therefore affirmed footnotes district initially stayed action pending resolution separate lawsuit brought act legislative sponsor others declaratory injunctive relief separate suit dismissed jurisdictional grounds keith louisiana department education supp md la district lifted stay case held creationism act violated louisiana constitution ruled state constitution grants authority public school system board elementary secondary education rather state legislature appeal appeals certified question louisiana found creationism act violate state constitution aguillard treen appeals remanded case district determine whether creationism act violates federal constitution aguillard treen first amendment congress shall make law respecting establishment religion fourteenth amendment fundamental concept liberty applies cantwell connecticut lemon test applied cases since adoption except marsh chambers held nebraska legislature practice opening session prayer chaplain paid state violate establishment clause based conclusion case historical acceptance practice historical approach useful determining proper roles church state public schools since free public education virtually nonexistent time constitution adopted see wallace jaffree concurring judgment citing abington school dist schempp brennan concurring potential undue influence far less significant regard college students voluntarily enroll courses distinction warrants difference constitutional results abington school dist schempp supra brennan concurring thus instance questioned authority state colleges universities offer courses religion theology see widmar vincent powell stevens concurring judgment appeals stated cademic freedom embodies principle individual instructors liberty teach deem appropriate exercise professional judgment state louisiana courses public schools prescribed state board education teachers free absent permission teach courses different required tr oral arg academic freedom least commonly understood relevant concept context moreover appeals explained act requires presumably upon risk sanction dismissal failure comply teaching whenever evolution taught although may prescribe public school curriculum concerning science instruction ordinary circumstances compulsion inherent balanced treatment act face inconsistent idea academic freedom universally understood emphasis original act actually serves diminish academic freedom removing flexibility teach evolution without also teaching creation science even teachers determine curriculum results less effective comprehensive science instruction creationism act provisions appear among provisions prescribing courses study louisiana public schools provisions similar prescribe courses study topics driver training civics constitution free enterprise none provisions apart associated creationism act nominally mandates equal time opposing opinions within specific area learning see la rev stat ann west supp dissent concludes act purpose protect academic freedom students teachers post view odds conclusion act purpose provide comprehensive scientific education concern shared students teachers well parents purpose advanced statute provisions supra moreover astonishing dissent prove assertion relies section legislation eventually deleted legislature compare app text section prior amendment la rev stat ann west dissent contends deleted section explicitly rejected louisiana legislature reveals legislature obviously intended meaning statutory terms academic freedom post quite contrary boudreaux main expert relied sponsor act cautioned legislature words academic freedom meant freedom teach science app testimony given time legislature deciding whether delete section act see mclean arkansas bd supp ed ark reviewing historical contemporary antagonisms theory evolution religious movements evaluated statute light series antievolution statutes adopted state legislatures dating back tennessee statute focus celebrated scopes trial epperson arkansas found arkansas statute comparable tennessee monkey law since gave preference religious establishments one tenets dogmas instantaneous creation man quoting scopes state chambliss concurring belief instantaneous creation humankind supernatural creator may require rejection every aspect theory evolution individual instead may choose accept scientific theory compatible spiritual outlook see tr oral arg boudreaux repeatedly defined creation science terms theory supports existence supernatural creator see app equating creation science theory pointing conditions creator app creation requires direct involvement supernatural intelligence lead witness hearings introducing original bill luther sunderland described creation science postulating everything created intelligence power external universe senator keith believed creation science embodied view one concept creator however define creator responsible everything world concept evolved besides senator keith several vocal legislators also revealed religious motives supporting bill official legislative history see saunders noting bill amended teachers refer bible religious texts support theory app jenkins contending existence god scientific fact see app noting evolution contrary family religious beliefs contending evolution advances religions contrary stating evolution almost religion science teachers arguing evolution cornerstone religions contrary app author model bill act derived sent copy model bill senator keith advised view whole battle one god forces evolution permitted continue continue made appear unnecessary neither district appeals found clear secular purpose agreed creationism act primary purpose advance religion courts unable discern arguably valid secular purpose normally hesitate find one wallace jaffree powell concurring express implied requirement rule moving party support motion affidavits similar materials negating opponent claim celotex catrett emphasis original experts relied upon sponsor bill legislation supporters testified creation science embodies religious view supernatural creator universe see supra appellants contend affidavits relevant term creation science technical term similar found statutes regulate certain scientific technological developments even assuming arguendo creation science term art represented appellants definition provided relevant agency provides better insight affidavits submitted appellants case survey conducted louisiana department education school superintendents charge implementing provisions creationism act asked interpret meaning creation science used statute percent louisiana superintendents stated understood creation science religious doctrine app group largest proportion superintendents interpreted creation science defined act mean literal interpretation book genesis remaining superintendents believed act required teaching view universe made creator previously found postenactment elucidation meaning statute little relevance determining intent legislature contemporaneous passage statute see wallace jaffree concurring judgment numerous establishment clause cases found state statutes unconstitutional disposed without trial larkin grendel den lemon kurtzman engel vitale justice powell justice joins concurring write separately note certain aspects legislative history emphasize nothing opinion diminishes traditionally broad discretion accorded state local school officials selection public school curriculum consistently applied test lemon kurtzman determine whether particular state action violates establishment clause constitution see grand rapids school dist ball particularly relied lemon every case involving sensitive relationship government religion education children first requirement lemon test challenged statute secular legislative purpose lemon kurtzman supra see committee public education religious liberty nyquist valid secular purpose identified statute violates establishment clause starting point every case involving construction statute language blue chip stamps manor drug stores powell concurring balanced treatment act act balanced treatment act la rev stat ann et seq west provides part ublic schools within state shall give balanced treatment balanced treatment two models shall given classroom lectures taken whole course textbook materials taken whole course library materials taken whole sciences taken whole humanities educational programs public schools extent lectures textbooks library materials educational programs deal way subject origin man life earth universe creation evolution taught shall taught theory rather proven scientific fact balanced treatment means providing whatever information instruction creation evolution models classroom teacher determines necessary appropriate provide insight theories view textbooks instructional materials available use classroom defined scientific evidences creation inferences scientific evidences means scientific evidences evolution inferences scientific evidences religious purpose alone enough invalidate act state legislature religious purpose must predominate see wallace jaffree powell concurring lynch donnelly act contains statement purpose protec academic freedom statement puzzling course academic freedom teachers present information public schools students receive broad necessarily circumscribed establishment clause academic freedom encompass right legislature structure public school curriculum order advance particular religious belief epperson arkansas nevertheless read statement act rendering purpose statute least ambiguous accordingly proceed review legislative history act june senator bill keith introduced senate bill louisiana legislature stated purpose bill assure academic freedom requiring teaching theory creation ex nihilo public schools theory evolution taught app bill defined theory creation ex nihilo belief origin elements galaxy solar system life species plants animals origin man origin things processes relationships created ex nihilo fixed god theory referred senator keith scientific creationism senate committee studying scientific creationism senator keith introduced second draft bill requiring balanced treatment although keith bill prohibited instruction religious doctrine materials defined include scientific evidences related inferences indicate sudden creation universe energy life nothing insufficiency mutation natural selection bringing development living kinds single organism changes within fixed limits originally created kinds plants animals separate ancestry man apes explanation earth geology catastrophism including occurrence worldwide flood relatively recent inception earth living kinds complaint mclean filed may may louisiana senate committee amended keith bill delete illustrative list scientific evidences according legislator proposed amendment intended try gut bill way defeat purpose senator keith introduced app viewed working violence bill instead concern whether inclusive list ibid legislature held hearings amended bill became balanced treatment act review principal creation scientist testify support act edward boudreaux elaborate nature creation science except indicate scientific evidences theory objective information science point conditions creator testified recognized creation scientists numbe something like thousand hold doctorate masters degrees areas science affiliated either institute creation research creation research society information organizations part legislative history review goals activities sheds light nature creation science presented understood louisiana legislature institute creation research affiliate christian heritage college san diego california institute established address urgent need nation return belief personal omnipotent creator purpose creation people must eventually give account goal institute revival belief special creation true explanation origin world therefore institute currently working development new methods teaching scientific creationism public schools creation research society crs located ann arbor michigan member must subscribe following statement belief bible written word god inspired throughout assertions historically scientifically true study creation science crs member must accept account origins genesis factual presentation simple historical truth ibid courts unable discern arguably valid secular purpose normally hesitate find one wallace jaffree powell concurring examination language legislative history balanced treatment act confirms intent louisiana legislature promote particular religious belief legislative history arkansas statute prohibiting teaching evolution examined epperson arkansas strikingly similar legislative history balanced treatment act epperson found clear fundamentalist sectarian conviction law reason existence antecedent tennessee monkey law candidly stated purpose make unlawful teach theory denies story divine creation man taught bible teach instead man descended lower order animals perhaps sensational publicity attendant upon scopes trial induced arkansas adopt less explicit language eliminated tennessee reference story divine creation man taught bible doubt motivation law suppress teaching theory thought denied divine creation man footnotes omitted statute limited scientific evidences supporting theory render purpose secular reaching conclusion act unconstitutional appeals deny underpinnings creationism may supported scientific evidence need whatever academic merit particular subjects theories establishment clause limits discretion state officials pick choose among purpose promoting particular religious belief language statute legislative history convince louisiana legislature exercised discretion purpose case ii even though find louisiana balanced treatment act unconstitutional adhere view locally elected school boards responsibility determining educational policy public schools board education island trees union free school dist pico powell dissenting decision respecting subject matter taught public schools violate establishment clause simply material taught happens coincide harmonize tenets religions harris mcrae quoting mcgowan maryland context challenge establishment clause interference decisions authorities warranted purpose decisions clearly religious history religion clauses first amendment chronicled detail see everson board education engel vitale mcgowan maryland supra therefore brief review point may appropriate early settlers came country europe escape religious persecution took form forced support churches new americans thus reacted strongly perceived type religious intolerance emerging country reaction virginia home many founding fathers instructive george mason draft virginia declaration rights adopted house burgesses james madison influence declaration rights embodied guarantee free exercise religion opposed toleration eight years later provision prohibiting establishment religion became part virginia law james madison memorial remonstrance religious assessments written response proposal virginia citizens taxed support teaching christian religion spurred legislature consider adopt thomas jefferson bill establishing religious freedom see committee public education religious liberty nyquist guarantees free exercise establishment religion incorporated federal bill rights drafter james madison meaning scope first amendment must read light history evils designed forever suppress everson board education supra also recognized nation history one entirely sanitized separation church state committee public education religious liberty nyquist supra fact founding fathers believed devotedly god unalienable rights man rooted clearly evidenced writings mayflower compact constitution abington school district schempp properly noted unbroken history official acknowledgment role religion american life lynch donnelly recognized references religious heritage constitutionally acceptable matter history schoolchildren properly informed aspects nation religious heritage see constitutional problem schoolchildren taught nature founding father religious beliefs beliefs affected attitudes times structure government courses comparative religion course customary constitutionally appropriate fact since religion permeates history familiarity nature religious beliefs necessary understand many historical well contemporary events addition worth noting establishment clause prohibit per se educational use religious documents public school education although recognized bible instrument religion abington school district schempp supra also made clear bible may constitutionally used appropriate study history civilization ethics comparative religion like stone graham citing abington school district schempp supra book fact world best seller undoubted literary historic value apart religious content establishment clause properly understood prohibit use bible religious documents public school education purpose use advance particular religious belief iii sum find language legislative history balanced treatment act unquestionably demonstrate purpose advance particular religious belief although discretion state local authorities public school curricula broad first amendment permit state require teaching learning must tailored principles prohibitions religious sect dogma epperson arkansas accordingly concur opinion judgment balanced treatment act violates establishment clause constitution recognizes ante one exception consistent application lemon test marsh chambers creation ex nihilo means creation nothing found inherently religious concept mclean arkansas board education supp ed ark district mclean found argument creation nothing substantially similar arkansas balanced treatment act involve supernatural deity evidentiary rational support contrary creation nothing concept unique western religions traditional western religious thought conception creator world conception god indeed creation world nothing ultimate religious statement god actor district mclean noted three elements crs statement belief members must subscribe basic types living things including man made direct creative acts god creation week described genesis whatever biological changes occurred since creation accomplished changes within original created kinds ii great flood described genesis commonly referred noachian deluge historical event extent effect iii finally organization christian men science accept jesus christ lord savior account special creation adam eve one man one woman subsequent fall sin basis belief necessity savior mankind therefore salvation come thru sic accepting jesus christ savior hearing testimony numerous experts district mclean concluded parallels definition section model act genesis quite specific found concepts sudden creation nothing worldwide flood divine origin kinds derived genesis relatively recent inception mean age earth years based genealogy old testament using rather astronomical ages assigned patriarchs separate ancestry man ape focus portion theory evolution fundamentalists find offensive ibid citing epperson arkansas john adams wrote thomas jefferson bible best book world contains little philosophy libraries seen parts reconcile little philosophy postpone future investigation letter works john adams enormous variety religions encyclopedia american religions ed describes religious organizations census bureau groups major american religions buddhist churches america eastern churches jews old catholic polish national catholic armenian churches roman catholic church protestants miscellaneous statistical abstract ed country become strikingly multireligious well multiracial multiethnic fact perhaps anything one write demonstrates wisdom including establishment clause first amendment proposals became establishment clause evidence goal accommodating competing religious beliefs see new york resolution ratification reprinted documentary history constitution religious sect society favored established law preference others universities louisiana already offer courses integrating religious studies curriculum approximately half universities offer one courses involving religion example louisiana state university baton rouge offers seven courses introduction religion old testament new testament faith doubt jesus history tradition eastern religions philosophy religion course difference maturity secondary students may affect constitutional analysis particular public school policy see widmar vincent nevertheless many general teaching guides suggest education nature various religious beliefs integrated secondary school curriculum manner consistent constitution see kniker teaching religion public schools religion elementary social studies project final report state univ karp teaching bible literature public schools example political controversies northern ireland middle east india understood properly without reference underlying religious beliefs conflicts tend generate see times may section mcwhirter guiness book world records bible world widely distributed book justice white concurring judgment comes us difficult case based historical setting plain language act courts construed statutory words creation science refer religious belief act required taught evolution taught words teaching evolution conditioned teaching religious belief courts concluded state legislature primary purpose advance religion statute therefore unconstitutional establishment clause usually defer courts appeals meaning state statute especially district view course power disagree lower courts particular case may plainly wrong meaning ascribed state statute appeals rational construction statute normally accept brockett spokane arcades chardon fumero soto haring prosise pierson ray general box believe district courts courts appeals better schooled able interpret laws respective brockett spokane arcades supra brockett also indicates usual rule applies first amendment cases district judge relying terms act discerned purpose furtherance religious belief panel appeals agreed four judges two louisianians accept view statute even original matter might arrived different conclusion based reading statute record us say two courts plainly wrong reversed rehearing en banc denied vote dissenters expressing disagreement panel decision disagreement however construction louisiana statute particularly assessment purpose offers justification departing usual rule counseling de novo constructions state statutes appeals construction accepted conclusion prior cases balanced treatment act unconstitutional primary purpose religious belief imposing certain requirements school curriculum unless therefore reconsider decisions interpreting establishment clause agree judgment appeals must affirmed justice scalia chief justice joins dissenting even agreed questionable premise legislation invalidated establishment clause basis motivation alone without regard effects still find justification today decision louisiana legislators passed balanced treatment act balanced treatment act la rev stat ann west sworn support constitution well aware potential establishment clause problems considered aspect legislation great care seven hearings several months study resulting substantial revision original proposal approved act overwhelmingly specifically articulated secular purpose meant serve although record contains abundant evidence sincerity purpose issue pertinent case today holds essentially basis visceral knowledge regarding must motivated legislators gee dissenting emphasis added members louisiana legislature knowingly violated oaths lied dissent requirements balanced treatment act apparent face clarified interpretation louisiana manner implementation act might well found unconstitutional question constitutionality rightly disposed gallop impugning motives supporters case arrives following posture louisiana never given opportunity interpret balanced treatment act state officials never attempted implement never subject full evidentiary hearing guess meaning know forbids instruction either without instruction parties sharply divided creation science consists appellants insist collection educationally valuable scientific data censored classrooms embarrassed scientific establishment appellees insist science thinly veiled religious doctrine interpretations intended meaning phrase find considerable support legislative history least stage litigation plain must accept appellants view statute means begin statute defines scientific evidences creation inferences scientific evidences emphasis added however definition thought sufficiently helpful means louisiana give term precise content quite clear stage litigation favors appellants view creation science unquestionably term art see brief nobel laureates et al amici curiae thus louisiana law interpreted according received meaning acceptation learned art trade profession refer la civ code art west evidence record received meaning acceptation creation science found five affidavits filed appellants affidavits two scientists philosopher theologian educator claim extensive knowledge creation science swear essentially collection scientific data supporting theory physical universe life within appeared suddenly changed substantially since appearing see app juris statement kenyon morrow miethe experts insist creation science strictly scientific concept presented without religious reference see kenyon morrow miethe clinkert point must assume balanced treatment act require presentation religious doctrine nothing today opinion plainly contrary statute means requires rather little concern like appeals finds necessary consider motives legislators supported balanced treatment act ante examining statute legislative history historical social context holds louisiana legislature acted without secular legislative purpose act therefore fails purpose prong test set forth lemon kurtzman explain infra doubt whether purpose requirement lemon proper interpretation constitution even agree assessment requirement satisfied said little first component lemon test almost invariably effortlessly discovered secular purpose measures challenged establishment clause typically devoting sentence two matter see witters washington dept services blind grand rapids school district ball mueller allen larkin grendel den widmar vincent committee public education religious liberty regan wolman walter plurality opinion meek pittenger committee public education religious liberty nyquist levitt committee public education religious liberty tilton richardson plurality opinion lemon kurtzman supra fact deciding lemon twice since invalidated law lack secular purpose see wallace jaffree stone graham per curiam epperson arkansas nevertheless principles emerged cases principles unfortunately large extent guide application lemon today clear first regardless legislative purpose may mean contexts purpose lemon test means actual motives responsible challenged action recognizes see ante past see witters washington dept services blind supra wallace jaffree supra thus legislators supported balanced treatment act fact acted sincere secular purpose ante act survives first component lemon test regardless whether purpose likely achieved provisions enacted cases also confirmed lemon referred secular purpose meant secular purpose author lemon writing said invalidation purpose prong appropriate question statute activity motivated wholly religious considerations lynch donnelly burger emphasis added see also wallace jaffree supra first amendment requires statute must invalidated entirely motivated purpose advance religion emphasis added omitted three cases struck laws establishment clause lack secular purpose found legislature sole motive promote religion see wallace jaffree supra stone graham supra epperson arkansas supra see also lynch donnelly supra describing stone epperson cases invalidated laws motivated wholly religious considerations thus majority invalidation balanced treatment act defensible record indicates louisiana legislature secular purpose important stress purpose forbidden lemon purpose advance religion accord ante promote religion witters washington dept services blind supra endorse religion wallace jaffree advance religion ibid endorse religion committee public education religious liberty nyquist supra advancing religion levitt committee public education religious liberty supra advancing religion walz tax new york city establishing sponsoring supporting religion board education allen advancement inhibition religion quoting abington school dist schempp cases way imply establishment clause forbids legislators merely act upon religious convictions surely strike law providing money feed hungry shelter homeless demonstrated religious beliefs legislators funds approved also political activism religiously motivated part heritage notwithstanding majority implication contrary ante presume sole purpose law advance religion merely supported strongly organized religions adherents particular faiths see walz tax new york city supra cf harris mcrae deprive religious men women right participate political process today religious activism may give us balanced treatment act yesterday resulted abolition slavery tomorrow may bring relief famine victims similarly presume law purpose advance religion merely happens coincide harmonize tenets religions harris mcrae supra quoting mcgowan maryland benefits religion even substantially example turned back establishment clause challenges restrictions abortion funding harris mcrae supra sunday closing laws mcgowan maryland supra despite fact agre dictates religions many instances congress state legislatures conclude general welfare society wholly apart religious considerations demands regulation ibid many past occasions difficulty finding secular purpose governmental action far likely advance religion balanced treatment act see mueller allen tax deduction expenses religious education wolman walter plurality opinion aid religious schools meek pittenger committee public education religious liberty nyquist lemon kurtzman walz tax new york city supra tax exemption church property board education allen supra textbook loans students religious schools thus fact creation science coincides beliefs certain religions fact upon majority relies heavily justify invalidation act finally cases indicate even certain kinds governmental actions undertaken specific intention improving position religion advance religion term used lemon rather said least two circumstances government must act advance religion third may first since consistently described establishment clause forbidding state action motivated desire advance religion also intended disapprove inhibit evince hostility toward religion see ante disapprove quoting lynch donnelly supra concurring lynch donnelly supra hostility committee public education religious liberty nyquist supra inhibi since said governmental neutrality toward religion preeminent goal first amendment see grand rapids school district ball roemer maryland public works plurality opinion committee public education religious liberty nyquist supra state discovers employees inhibiting religion must take steps prevent even though purpose clearly advance religion cf walz tax new york city supra thus louisiana legislature sincerely believed state science teachers hostile religion cases indicate act eliminate hostility without running afoul lemon purpose test second held intentional governmental advancement religion sometimes required free exercise clause example hobbie unemployment appeals thomas review indiana employment security wisconsin yoder sherbert verner held circumstances must accommodate beliefs religious citizens exempting generally applicable regulations yet come close reconciling lemon free exercise cases typically really try see hobbie unemployment appeals supra thomas review indiana employment security supra clear however members louisiana legislature impermissibly motivated purposes lemon test believed approval balanced treatment act required free exercise clause also held circumstances government may act accommodate religion even action required first amendment see hobbie unemployment appeals supra well established limits permissible state accommodation religion means noninterference mandated free exercise clause walz tax new york city supra see also gillette implied voluntary governmental accommodation religion permissible desirable see ibid thus contend title vii civil rights act forbids religious discrimination employers stat requires reasonably accommodate religious practices employees violates establishment clause even though purpose course advance religion even though almost certainly required free exercise clause warned point accommodation may devolve unlawful fostering religion hobbie unemployment appeals supra suggested precisely even roughly point might possible even sole motive voting balanced treatment act advance religion passage actually required even believed required either free exercise establishment clauses act nonetheless survive scrutiny lemon purpose test one final observation application test although opinion gives hint past repeatedly affirmed reluctance attribute unconstitutional motives mueller allen supra see also lynch donnelly brennan dissenting presume legislatures act constitutional manner illinois krull see also clements fashing plurality opinion rostker goldberg mcdonald board election chicago whenever called upon judge constitutionality act state legislature must due regard fact exercising primary judgment sitting judgment upon also taken oath observe constitution responsibility carrying government rostker goldberg supra quoting joint refugee committee mcgrath frankfurter concurring particularly true said legislature specifically considered question law constitutionality ibid foregoing mind turn purposes underlying adoption balanced treatment act ii relatively little information upon judge motives supported act direct evidence statute transcripts seven committee hearings considered unfortunately several hearings sparsely attended legislators present revealed little motives committee reports floor debates remarks inserted legislative history statement governor postenactment statements testimony bill sponsor legislators cf wallace jaffree nevertheless ample evidence majority wrong holding balanced treatment act without secular purpose outset important note balanced treatment act fly louisiana legislature wings fundamentalist religious fervor unlikely event since small minority state citizens belong fundamentalist religious denominations see quinn anderson bradley goetting shriver churches church membership act genesis speak legislation introduced senator bill keith june two hearings senate committee education senator keith asked bill referred study commission composed members houses louisiana legislature expressed hope joint committee give bill careful consideration determine whether arguments legitimate app committee met twice interim heard testimony bill several witnesses received staff reports senator keith introduced bill legislature reconvened senate committee education held two hearings approved bill substantially amending part senator keith objection approval full senate bill referred house committee education committee conducted lengthy hearing adopted amendments sent bill full house received favorable consideration senate concurred house amendments july governor signed bill law senator keith statements various committees considered bill hardly reflect confidence man preaching converted asked colleagues keep open mind biased misleading characterizations creation science also urged look subject merits preconceived idea see also senator keith reception especially warm strenuous objection senate committee education voted amend bill deprive force amended bill merely gave teachers permission balance teaching creation science evolution house committee restored mandatory language bill vote full house vote full senate repel efforts gut bill legislators understood senator keith bill involved unique subject thompson repeatedly made aware potential constitutional problems see mcgehee keith rossman probst beck keith although establishment clause including secular purpose requirement substantial concern legislators eventually voted overwhelmingly favor balanced treatment act house approved members absent senate members present legislators specifically designated protection academic freedom purpose act la rev stat ann west accurately assess whether purpose sham ante first examine evidence presented legislature far carefully done summarizing testimony senator keith supporters wish make clear means intend endorse accuracy views views creation science evolution beside point task judge debate teaching origins life ascertain members louisiana legislature believed vast majority voted approve bill explicitly stated secular purpose crucial wisdom believing purpose achieved bill sincerity believing testimony support senator keith bill came senator scientists educators presented many enjoyed academic credentials may regarded quite impressive members louisiana legislature substantial extent testimony devoted lengthy layman seemingly expert scientific expositions origin life see app sunderland boudreaux ward boudreaux paper boudreaux keith scientific lectures touched upon inter alia biology paleontology genetics astronomy astrophysics probability analysis biochemistry witnesses repeatedly assured committee members hundreds hundreds highly respected internationally renowned scientists believed creation science support testimony see sunderland keith reiboldt boudreaux boudreaux senator keith witnesses testified essentially set forth following numbered paragraphs two two scientific explanations beginning life evolution creation science sunderland keith keith keith bona fide sciences sunderland sunderland keith keith keith keith posit theory origin life subject theory empirical testing evolution posits life arose inanimate chemical compounds gradually evolved millions years creation science posits life forms earth appeared suddenly relatively recently changed little since two possible explanations origin life evidence tends disprove theory evolution necessarily tends prove theory creation science vice versa example abrupt appearance fossil record complex life extreme rarity transitional life forms record evidence creation science sunderland sunderland boudreaux harlow boudreaux paper keith body scientific evidence supporting creation science strong supporting evolution fact may stronger young statement keith keith keith evidence evolution far less compelling led believe evolution scientific fact since actually observed laboratory rather evolution merely scientific theory guess morris ward reiboldt boudreaux boudreaux bad guess scientific problems evolution serious accurately termed myth ward kalivoda keith boudreaux paper boudreaux keith boudreaux young creation science educationally valuable students exposed better understand current state scientific evidence origin life sunderland keith kalivoda keith morris students even better understanding evolution sunderland creation science presented children without religious content sunderland sanderford keith reiboldt keith keith although creation science educationally valuable strictly scientific censored misrepresented public schools sunderland morris keith keith keith kalivoda reiboldt young statement young statement keith keith morris evolution turn misrepresented absolute truth harlow keith kalivoda young statement harlow morris young teachers brainwashed entrenched scientific establishment composed almost exclusively scientists evolution like religion scientists discriminate creation scientists prevent evolution weaknesses exposed boudreaux harlow kalivoda kalivoda keith boudreaux paper young statement keith boudreaux censorship creation science least two harmful effects first deprives students knowledge one two scientific explanations origin life leads believe evolution proven fact thus education suffers wrongly taught science proved religious beliefs false second violates establishment clause held secular humanism religion keith referring torcaso watkins app keith keith belief evolution central tenet religion keith keith keith keith keith thus censoring creation science instructing students evolution fact public school teachers advancing religion violation establishment clause keith keith boudreaux paper keith keith keith keith keith senator keith repeatedly vehemently denied purpose advance particular religious doctrine outset first hearing legislation testified going say today kind religious instructions schools talking religion today proposing take bible science class read first chapter genesis later hearing senator keith stressed teach religion disguise creationism intent intent see textbooks censored made many similar statements throughout hearings see see also boudreaux kalivoda way knowing course many legislators believed testimony senator keith witnesses absence evidence contrary assume many given assumption today plainly errs holding louisiana legislature passed balanced treatment act exclusively religious purposes even nothing legislative history go think extraordinary invalidate balanced treatment act lack valid secular purpose striking law approved democratically elected representatives people minor matter cardinal principle statutory construction save destroy repeatedly held two possible interpretations statute one unconstitutional valid plain duty adopt save act nlrb jones laughlin steel seems discerning statutory purpose even legislative history silent ambiguous existence secular purpose statute survive lemon purpose test even validation mere legislative history present louisiana legislature explicitly set forth secular purpose protecting academic freedom text act la rev stat west past repeatedly relied upon deferred expressions see committee public education religious liberty regan meek pittenger committee public education religious liberty nyquist levitt committee public education religious liberty tilton richardson plurality opinion lemon kurtzman board education allen seeks evade force expression purpose stubbornly misinterpreting finding provisions act advance misinterpreted purpose thereby showing sham first surmises academic freedom means enhancing freedom teachers teach ante even though academic freedom sense little scope structured elementary secondary curriculums act concerned alternatively suggests might mean maximiz ing comprehensiveness effectiveness science instruction ante though exceedingly strange interpretation words one refuted face statute see devoted central question meaning legislatively expressed purpose small fraction research legislative history produced quotations religiously motivated statements individual legislators discerned quite readily academic freedom meant students freedom indoctrination legislature wanted ensure students free decide life began based upon fair balanced presentation scientific evidence protect right student voluntarily determine believe believe free coercive pressures state grand rapids school district ball legislature care whether topic origins taught simply wished ensure topic taught students receive evidence ante quoting tr oral arg originally introduced purpose section balanced treatment act read chapter enacted purposes protecting academic freedom students assisting students search truth app emphasis added among proposed findings fact contained original version bill following public school instruction violates principle academic freedom denies students choice scientific models instead indoctrinates evolution science alone emphasis added senator keith unquestionably understood academic freedom mean freedom indoctrination see purpose bill protect academic freedom providing student choice purpose bill protect academic freedom giving students choice rather subjecting indoctrination origins one adopts obviously intended meaning statutory term academic freedom basis whatever concluding purpose express sham ante contrary act pursues purpose plainly consistently requires whenever subject origins covered evolution taught theory rather proven scientific fact scientific evidence inconsistent theory evolution creation science taught well la rev stat ann west living title balanced treatment act treats teaching creation way mandate instruction creation science forbids teachers present creation science proven scientific fact bans teaching creation science unless theory use terminology discredit ed every turn teaching evolution ante quoting surpasses understanding see purpose restructure science curriculum conform particular religious viewpoint ante provide persuasive advantage particular religious doctrine ante promote theory creation science embodies particular religious tenet ante endorse particular religious doctrine ante act reference creation convincing evidence religious purpose act defines creation science scientific evidenc emphasis added senator keith witnesses repeatedly stressed subject presented without religious content see supra basis record conclude creation science need anything collection scientific data supporting theory life abruptly appeared earth see supra creation science proponents insist must explain whence life came evolution must explain whence came inanimate materials says life evolved even posit past creator posit eternal personal god object religious veneration indeed even posit unmoved mover hypothesized aristotle notably nonfundamentalist philosophers senator keith suggested referred creator however define creator app emphasis added cites three provisions act argues demonstrate discriminatory preference teaching creation science interest academic freedom ante first act prohibits discrimination creation scientists teach creation science second act requires local school boards develop provide science teachers curriculum guide presentation finally act requires governor designate seven creation scientists shall upon request assist local school boards developing curriculum guides none provisions casts doubt upon sincerity legislators articulated purpose academic freedom unless course one gives term obviously erroneous meanings preferred louisiana legislators told repeatedly creation scientists scorned educators scientists almost religious faith evolution hardly surprising seeking achieve balanced curriculum legislators protected discrimination teachers thought suffering discrimination also legislators undoubtedly aware epperson arkansas thus quite reasonably concluded discrimination evolutionists already prohibited two provisions respecting development curriculum guides also consistent academic freedom louisiana legislature understood term witnesses informed legislators hostility scientists educators creation science topic censored badly misrepresented elementary secondary school texts light unavailability works creation science suitable classroom use fact appellees concede see brief appellees existence ample materials evolution entirely reasonable legislature conclude science teachers attempting implement act need curriculum guide creation science evolution charged developing guide need easily accessible group creation scientists thus provisions act much concern support conclusion legislature acted advance academic freedom legislative history gives ample evidence sincerity balanced treatment act articulated purpose witness witness urged legislators support act students indoctrinated instead free decide based upon fair presentation scientific evidence origin life see app sunderland advocating presenting scientific data students letting make mind sunderland students indoctrinated evolution use censored school books asking open unbiased education classroom students deserve morris student make intelligent decision origin life unless well informed evolution creation science sanderford asking simply creationism presented alongside evolution let people make mind young bill require teachers live obligation present theories thereby enable students make judgments boudreaux intention truth scientist interested truth boudreaux teachers guilty lot brainwashing duty present truth students levels gradeschool college level kalivoda hearing held think determine whether children benefit freedom information handicapped educationally little information creation kalivoda interested teaching religion schools interested truth students opportunity hear one side reiboldt students right know alternate creationist point view right know scientific evidences suppor alternative young statement passage bill ensure communication scientific ideas discoveries may unhindered morris going allow students look evolution look creationism let one stand fall merits failing pass bill deny students opportunity hear another viewpoint young want give children state equal opportunity see sides theories senator keith expressed similar views see legislators senator keith made statements providing insight motives statements cast doubt upon sincerity act articulated purpose legislators concerned primarily manner subject origins presented louisiana schools specifically whether scientifically valuable information censored students misled evolution representatives cain jenkins thompson seemed impressed scientific evidence presented support creation science see thompson cain jenkins first study commission hearing senator picard representative thompson questioned senator keith louisiana teachers treatment evolution creation science see close hearing representative thompson told audience members committee also receive staff information currently taught louisiana public schools really want see idea manner biology presented manner creationist theories excluded public school want look status situation undoubtedly true prompted legislature direct attention misrepresentation evolution schools rather inaccurate presentation topics awareness tension evolution religious beliefs many children even appellees concede valid secular purpose rendered impermissible simply pursuit prompted concern religious sensitivities tr oral arg history teacher falsely told students bones jesus christ discovered physics teacher shroud turin conclusively established inexplicable basis natural causes believe despite majority implication contrary see ante legislators school board members constitutionally prohibited taking corrective action simply action prompted concern religious beliefs misinstructed students sum even one concedes sake argument majority louisiana legislature voted balanced treatment act partly order foster rather merely eliminate discrimination christian fundamentalist beliefs cases establish alone suffice invalidate act long genuine secular purpose well moreover adequate basis disbelieving secular purpose set forth act concluding sham enacted conceal legislators violation oaths office astonished unprecedented readiness reach conclusion attribute intellectual predisposition created facts legend scopes state instinctive reaction governmentally imposed requirements bearing upon teaching evolution must manifestation christian fundamentalist repression case however seems position repressive one people louisiana including christian fundamentalists quite entitled secular matter whatever scientific evidence may evolution presented schools scopes entitled present whatever scientific evidence perhaps louisiana legislature done unconstitutional evidence scheme established amount presentation book genesis say evidence us summary judgment context includes ample uncontradicted testimony creation science body scientific knowledge rather revealed belief infinitely less say say scientific evidence evolution conclusive one gullible enough believe real scientific evidence contrary legislation stated purpose must lie yet illiberal judgment ultimately basis facile rejection louisiana legislature purpose must rest since existence secular purpose entirely clear thus dispositive go discuss fact even louisiana legislature purpose exclusively advance religion exceptions impermissibility purpose might applicable validating intent eliminate perceived discrimination particular religion facilitate free exercise accommodate see supra case enamored amorphous exceptions since think unpredictable correctives next part opinion discuss fundamentally unsound rule surprising however address exceptions since context legislature action gives reason believe may applicable believe balanced treatment act secular purpose first component lemon test requires reverse judgment appeals remand consideration iii point assumed validity lemon purpose test fact however think pessimistic evaluation chief justice made totality lemon particularly applicable purpose prong constitutional theory basis history amendment seeks interpret difficult apply yields unprincipled results wallace jaffree rehnquist dissenting cases interpreting applying purpose test made maze establishment clause even conscientious governmental officials guess motives held unconstitutional said essentially following government may act purpose advancing religion except forced free exercise clause eliminating existing governmental hostility religion exists sometimes even merely accommodating governmentally uninhibited religious practices except point unclear intentional accommodation results fostering religion course unconstitutional see supra difficulty knowing vitiating purpose one looking nothing compared difficulty knowing find possible discern objective purpose statute public good provisions appear directed even formal motivation statute explicitly set forth avail discerning subjective motivation enacting statute honest almost always impossible task number possible motivations begin binary indeed even finite present case example particular legislator need voted act either wanted foster religion wanted improve education may thought bill provide jobs district may wanted make amends faction party alienated another vote may close friend bill sponsor may repaying favor owed majority leader may hoped governor appreciate vote make fundraising appearance may pressured vote bill disliked wealthy contributor flood constituent mail may seeking favorable publicity may reluctant hurt feelings loyal staff member worked bill may settling old score legislator opposed bill may mad wife opposed bill may intoxicated utterly unmotivated vote called may accidentally voted yes instead course may likely combination many motivations look sole purpose even single legislator probably look something exist putting problem aside however look individual legislator purpose course assume every member present unlikely know even many agreed motivation expressed particular legislator preenactment floor committee statement quite obviously hat motivates one legislator make speech statute necessarily motivates scores others enact assume agree motivation expressed committee reports might read even though unwilling assume agreed motivation expressed statute voted consider postenactment floor statements postenactment testimony legislators obtained expressly lawsuit consider media reports realities legislative bargaining sources course eminently manipulable legislative histories contrived sanitized favorable media coverage orchestrated postenactment recollections conveniently distorted perhaps valuable objective indications example evidence regarding individual legislators religious affiliations evidence regarding fervor tepidity beliefs achieved simple means assessment individual legislators intended must still confront question yet addressed cases many must invalidating intent state senate approves bill vote one intended solely advance religion law unconstitutional intent impermissible intent voting bill motivated religious hostility simply attempting balance votes impermissibly motivated colleagues possible intent bill sponsor alone enough invalidate theory perhaps even though everyone else intent pure produced fruit forbidden tree good answers questions recognized chief justice marshall see fletcher peck cranch chief justice warren supra determining subjective intent legislators perilous enterprise see also palmer thompson epperson arkansas black concurring perilous might note judges likely reach wrong result also legislators find must assess validity proposed legislation risk condemnation voted unconstitutional measure basis legislation contains even basis intend basis others mind given many hazards involved assessing subjective intent governmental decisionmakers first prong lemon defensible think text establishment clause demands surely case clause congress shall make law respecting establishment religion one argue suppose time congress acts intent advancing religion enacted law respecting establishment religion far unavoidable reading quite unnatural one doubt example clayton act stat amended et reasonably described law respecting establishment religion bizarre new historical evidence revealed lacked secular purpose even though discernible nonsecular effect short far inevitable reading establishment clause forbids governmental action intended advance religion inevitable reading untoward consequences must wrong past attempted justify embarrassing establishment clause jurisprudence ground sacrifices clarity predictability flexibility committee public education religious liberty regan one commentator aptly characterized euphemism absence principled rationale choper supra think time sacrifice flexibility clarity predictability abandoning lemon purpose test test exacerbates tension free exercise establishment clauses basis language history amendment today decision shows wonderfully flexible consequences good place start article vi cl constitution provides members several state legislatures shall bound oath affirmation support constitution thus popular dictionary definitions cited justice powell ante concurring opinion appellees see brief appellees tr oral arg utterly irrelevant views school superintendents cited majority ante surveyed imited knowledge theory single superintendent claimed xtensive knowledge subject app although creation scientists evolutionists also disagree origin physical universe proponents opponents senator keith bill focused question beginning life although appellees amici dismiss testimony senator keith witnesses pure fantasy bother submit evidence district making difficult us agree state contrast submitted affidavits two scientists philosopher theologian educator whose academic credentials rather impressive see app juris statement kenyon morrow miethe clinkert like senator keith witnesses affiants swear evolution creation science two scientific explanations origin life see kenyon morrow miethe creation science strictly scientific see kenyon morrow miethe clinkert creation science simply collection scientific data supports hypothesis life appeared earth suddenly changed little see kenyon morrow miethe hundreds respected scientists believe creation science see kenyon evidence creation science strong evidence evolution see kenyon kenyon morrow creation science educationally valuable see kenyon morrow morrow clinkert creation science presented without religious content see kenyon kenyon morrow miethe miethe clinkert creation science censored classrooms evolution misrepresented proven fact see kenyon kenyon morrow clinkert difficult conclude basis affidavits substantive evidence record laymen serving louisiana legislature must disbelieved senator keith witnesses majority finds astonishing cite portion senator keith original bill later deleted evidence legislature understanding phrase academic freedom ante astonishing majority implication deletion section deprives value clear indication phrase meant retained sections bill senate committee education deleted lengthy purpose section bill senator keith consent resembled legislative findings fact committee members felt generally incorporated legislation deletion absolutely nothing manner section described academic freedom see app majority recognizes ante senator keith sincerely believed secular humanism bona fide religion app see also evolution cornerstone religion see also senator even told colleagues held secular humanism religion see torcaso watkins indeed refer secular humanism religio senator keith supporters raised religion secular humanism majority suggests explain source disdain theory evolution ante convince legislature state louisiana violating establishment clause teachers misrepresenting evolution fact depriving students information necessary question theory app keith keith boudreaux paper keith keith keith senator repeatedly urged colleagues pass bill remedy establishment clause violation ensuring state neutrality religious matters see surely permissible purpose lemon senator keith argument may questionable nothing statute legislative history gives us reason doubt sincerity supporters professor choper summarized school aid cases thusly provision therapeutic diagnostic health services parochial school pupils public employees invalid provided parochial school offered neutral site even mobile unit adjacent parochial school reimbursement parochial schools expense administering tests required state law invalid state may reimburse parochial schools expense administering tests state may lend school textbooks parochial school pupils explained books checked advance religious content state may lend seemingly instructional items tape recorders maps state may pay cost bus transportation parochial schools ruled permeated religion state forbidden pay field trip transportation visits governmental industrial cultural scientific centers designed enrich secular studies students choper religion clauses first amendment reconciling conflict pitt rev footnotes omitted