Freiler v. Tangipahoa Parish Board of Education | |
---|---|
Court | United States Court of Appeals for the Fifth Circuit |
Full case name | Herb Freiler; Sam Smith, Individually and in his capacity as Administrator of the Estate of his minor child Steven Smith; John Jones v. Tangipahoa Parish Board of Education; E.F. Bailey; Robert Caves; Maxine Dixon; Leroy Hart; Ruth Watson; Donnie Williams, Sr.; Art Zieske, Individually and in their capacities as members of the School Board; Ted Cason, Individually and in his capacity as Superintendent of Schools |
Decided | August 13, 1999 |
Citation(s) | 185 F.3d 337 |
Case history | |
Subsequent history | Petition for rehearing en banc denied, 201 F.3d 602 (5th Cir. 2000) Certiorari denied, 530 U.S. 1251 (2000) |
Court membership | |
Judge(s) sitting | Carolyn Dineen King, Henry Anthony Politz, Fortunato Benavides |
Case opinions | |
Majority | Benavides, joined by a unanimous court |
Laws applied | |
U.S. Const. amend. I | |
Keywords | |
Evolution |
Freiler v. Tangipahoa Parish Board of Education, 185 F.3d 337 (5th Cir. 1999) [1] was United States federal court case on the constitutionality of a policy requiring teachers to read aloud a disclaimer whenever they taught about evolution.
In 1987 the Supreme Court of the United States ruled in the case of Edwards v. Aguillard (482 U.S. 587) that the teaching of "creation science" constituted an establishment of religion and thus violated the Establishment Clause of the U.S. Constitution. [2]
In April 1994 the School Board of Tangipahoa, Louisiana, adopted a policy mandating that a disclaimer was to be presented before any discussion of evolutionary biology. The policy was as follows: [3]
Whenever, in classes of elementary or high school, the scientific theory of evolution is to be presented, whether from textbook, workbook, pamphlet, other written material, or oral presentation the following statement shall be quoted immediately before the unit of study begins as a disclaimer from endorsement of such theory.
"It is hereby recognized by the Tangipahoa Parish Board of Education, that the lesson to be presented, regarding the origin of life and matter, is known as the Scientific Theory of Evolution and should be presented to inform students of the scientific concept and not intended to influence or dissuade the Biblical version of Creation or any other concept.
It is further recognized by the Board of Education that it is the basic right and privilege of each student to form his/her own opinion or maintain beliefs taught by parents on this very important matter of the origin of life and matter. Students are urged to exercise critical thinking and gather all information possible and closely examine each alternative toward forming an opinion."
Parents sued the school board for violating the Establishment Clause of the U.S. Constitution and won in 1997 in the U.S. District Court for the Eastern District of Louisiana. [4] The schoolboard appealed and the decision was upheld by the United States Court of Appeals for the Fifth Circuit on January 24, 2000. [1]
The schoolboard then appealed to the Supreme Court of the United States, who on June 19, 2000, declined to hear the case in a 6–3 decision, thereby allowing the lower court decision to stand. Three conservative members of the Supreme Court dissented; Antonin Scalia and William Rehnquist, who had also dissented from the decision in Edwards v. Aguillard , were joined by 1991 George H. W. Bush appointee Clarence Thomas. [3]
Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. The constitutionality of the law was successfully challenged in District Court, Aguillard v. Treen, 634 F. Supp. 426, and the United States Court of Appeals for the Fifth Circuit affirmed, Aguillard v. Edwards, 765 F.2d 1251. The United States Supreme Court ruled that this law violated the Establishment Clause of the First Amendment because the law was specifically intended to advance a particular religion. In its decision, the court opined that "teaching a variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction."
Epperson v. Arkansas, 393 U.S. 97 (1968), was a landmark United States Supreme Court case that invalidated an Arkansas statute prohibiting the teaching of human evolution in the public schools. The Court held that the First Amendment to the United States Constitution prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment. After this decision, some jurisdictions passed laws that required the teaching of creation science alongside evolution when evolution was taught. These were also ruled unconstitutional by the Court in the 1987 case Edwards v. Aguillard.
Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.
Santa Fe Independent School Dist. v. Doe, 530 U.S. 290 (2000), was a case heard before the United States Supreme Court. It ruled that a policy permitting student-led, student-initiated prayer at high school football games violates the Establishment Clause of the First Amendment. Oral arguments were heard March 29, 2000. The court announced its decision on June 19, holding the policy unconstitutional in a 6–3 decision.
The following outline is provided as an overview of and topical guide to the creation–evolution controversy.
Daniel v. Waters, 515 F.2d 485 was a 1975 legal case in which the United States Court of Appeals for the Sixth Circuit struck down Tennessee's law regarding the teaching of "equal time" of evolution and creationism in public school science classes because it violated the Establishment clause of the US Constitution.
Peloza v. Capistrano Unified School District, 37 F.3d 517, was a 1994 court case heard by United States Court of Appeals for the Ninth Circuit in which a creationist schoolteacher, John E. Peloza claimed that Establishment clause of the United States Constitution along with his own right to free speech was violated by the requirement to teach the "religion" of "evolutionism". The court found against Peloza, finding that evolution was science not religion and that the Capistrano Unified School District school board were right to restrict his teaching of creationism in light of the 1987 Supreme Court decision Edwards v. Aguillard. One of the three appeals judges, Poole, partially dissented from the majority's free speech and due process opinions. It was one in a long line court cases involving the teaching of creationism which have found against creationists. Peloza appealed to the Supreme Court, which declined to hear the case.
Selman v. Cobb County School District, 449 F.3d 1320, was a United States court case in Cobb County, Georgia involving a sticker placed in public school biology textbooks. The sticker was a disclaimer stating that "Evolution is a theory, not a fact, concerning the origin of living things." The plaintiffs were parents of children in Cobb County schools who claimed the sticker violated both the Establishment Clause of the United States Constitution and the separation of church and state clause in the Georgia State Constitution because its purpose and effect was to cast doubt on the scientific consensus regarding evolutionary theory in order to promote religious beliefs in the schools.
Timothy Michael Tymkovich is an American lawyer who has served as a United States circuit judge of the United States Court of Appeals for the Tenth Circuit since 2003; serving as chief judge from 2015 to 2022. In November 2023, he was designated by Chief Justice John Roberts to serve as a judge of the United States Foreign Intelligence Surveillance Court of Review.
Hartman v. Moore, 547 U.S. 250 (2006), is a decision by the Supreme Court of the United States involving the pleading standard for retaliatory prosecution claims against government officials. After a successful lobbying attempt by the CEO of a manufacturing company against competing devices that the US Postal Service supported, the CEO found himself the target of an investigation by US postal inspectors and a criminal prosecution that was dismissed for lack of evidence. The CEO then filed suit against the inspectors and other government officials for seeking to prosecute him in retaliation for exercising his First Amendment rights to criticize postal policy. The Court ruled 5-2 that to prove that the prosecution was caused by a retaliatory motive, the plaintiff bringing such a claim must allege and prove that the criminal charges were brought without probable cause.
Wright v. Houston Independent School District, 486 F.2d 137 was an American legal case brought by a parent of a student in the Houston Independent School District in Houston, Texas suing on behalf of her daughter and fellow students to prevent the district from teaching evolution as fact and without reference to alternative theories. The plaintiffs claimed evolutionary theory endorsed a secularist religious view, and argued the school's failure to incorporate the teaching of a particular religious alternative to evolutionary theory as derived from the Bible's creation account held that religious view up to ridicule and contempt. To allow evolution while avoiding creationism was unconstitutional, the suit claimed, because it advanced one particular sectarian view over another. The plaintiffs maintained that the school's evolutionary teaching constituted "the establishment of a sectarian, atheistic religion" and was an interference of their own rights to the free exercise of religion as guaranteed by the Establishment clause in the First Amendment to the Constitution of the United States. The case is one of a series of legal battles over the teaching of evolution in American public schools, and the first to be initiated by opponents of such teaching.
Webster v. New Lenox School District, 917 F.2d 1004 was a court case in Illinois, in which a social studies teacher Ray Webster sued the New Lenox School District 122 in New Lenox, Illinois, which he accused of violating his First Amendment right to free speech for stopping him from teaching "creation science" in class. The court found however that the school district had a right to restrict Webster to teaching the specified curriculum, and that in any case the teaching of "creation science" was illegal, having been ruled to violate the establishment clause in the U.S. Supreme Court decision in Edwards v. Aguillard, 482 U.S. 578 (1987).
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Agostini v. Felton, 521 U.S. 203 (1997), is a landmark decision of the Supreme Court of the United States. In this case, the Court overruled its decision in Aguilar v. Felton (1985), now finding that it was not a violation of the Establishment Clause of the First Amendment for a state-sponsored education initiative to allow public school teachers to instruct at religious schools, so long as the material was secular and neutral in nature and no "excessive entanglement" between government and religion was apparent. This case is noteworthy in a broader sense as a sign of evolving judicial standards surrounding the First Amendment, and the changes that have occurred in modern Establishment Clause jurisprudence.
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