ERIC Number: ED215406
Record Type: Non-Journal
Publication Date: 1982
Reference Count: N/A
Evolution and the Biblical Account of Creation: Equal Time.
Caplan, Gerald A.
This sixth chapter in a book on school law provides a general overview of the religion clauses of the First Amendment and reviews the cases in which the issue of evolution versus creationism has been decided from the Scopes trial to the present. Rulings related to the Establishment Clause of the Constitution are discussed and the "three-part test" explained. The review of cases is arranged in two chronological divisions--those that concern the anti-evolution statutes of the 1920s and those that pertain to the "equal time" anti-evolution statutes of the 1970s and 1980s. Finally, the author explores recent charges that by including the theory of evolution in a biology course, a school district is unconstitutionally establishing a "religion of secularism." In conclusion, the author states that statutes that bar the teaching of evolution in the public schools or seek to compel equal treatment of the theory of creationism in science classes are unenforceable. This is so because they violate the First Amendment by giving preference to a religious belief or doctrine. (Author/WD)
Descriptors: Court Litigation, Creationism, Elementary Secondary Education, Evolution, State Church Separation, State Courts
Not available separately; see EA 014 500.
Publication Type: Books; Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: First Amendment