The More Things Change: Have Antievolutionists Charted Another Constitutional Collision Course in Louisiana?

David J. Jacobs, Harvard University

Abstract

In Edwards v. Aguillard, the Supreme Court invalidated a Louisiana statute that attempted to weaken the teaching of evolution in the public schools by balancing it with “creation science.” This defeat was only a minor setback for evolution’s opponents, who quickly began devising new strategies with an increased emphasis on secular and scientific appeals. Now, these efforts have culminated in the passage of the Louisiana Science Education Act (“LSEA”), which authorizes teachers to introduce supplemental textbooks and other educational materials in the name of promoting “critical thinking skills and open discussion of scientific theories.” This Article outlines the development of recent antievolution strategies with a particular emphasis on the judiciary’s treatment of their scientific validity. The Article then argues that LSEA, while far more carefully crafted than previous efforts, nevertheless violates the Establishment Clause. In particular, the Article considers LSEA under facial and as-applied challenges and finds it constitutionally vulnerable under both the Lemon and endorsement tests.