@Setanta,
But the Supremes and the Fed district courts have sliced and diced the issue so many ways that now weve got specific court dicta about all these components of evolution science in public schools For example
1Its illegal to bar teaching evolution, SImilarly, from another case, a test can be applied to determine whether the "gov" is endorsing a religion
2There can be no "balanced treatment " in the teaching of evo over Cretinism
3 A teacher doesnt have the right to teach what he wants re: this worldview issue
4.Weve defined and shot down, Creationism, Creation SCience, and Intelligent Design all in separate cases.
Justice Brennan in his opinion for the majority in Edwards ,used the phrases that these teachings (Creation Science)are tailored to the principles of A PARTICULAR SECT.
Thats a lot of baggage to sift and try to overturn since theres about 10 or more cases in which several of the separate chunks of wisdom were developed within.
When Scallia was writing for the dissenters in Edwards he said:
Quote: " we will not presume that a law's purpose is to advance religion merely because it "'happens to coincide or harmonize with the tenets of some or all religions,'" or because it benefits religion, even substantially. We have, for example, turned back Establishment Clause challenges to restrictions on abortion funding, and to Sunday closing laws despite the fact that both "agre[e] with the dictates of [some] Judaeo-Christian religions." Thus, the fact that creation science coincides with the beliefs of certain religions, a fact upon which the majority relies heavily, does not itself justify invalidation of the Act. "
He was talking about the Louisiana Creation Act . If the case can surround itself with his "just because it happens to coincide" phrase, and milk that for all its worth, I wonder whether the USSC, in its present makeup, would even wish to **** with all this stare decisis briefly reviewed above?
For our foreign correspondents, these and several more cases have enabled science to wrest itself from an original status wherein evolution WAS NOT even allowed to be taught in public schools. (My collection of science secondary texts bears this out) So, being able to teach creation or ID "alongside" the scientific , was viewed by the courts as in violation of our constitution and therefore disallowed.
Its not a simplistic a matter of advocacy or "common sense" that foreigners seem to believe. . ANyway, the Creation, Creation Science, ID issue (as valid theories) is only followed by a small minority of American Christian Sects.
In EDwards v Aguillard, there were several amicus briefs for the appellants filed on behalf of science programs and biologists who represented religious Univeristies like Notre Dame, La Salle, Brigham Young,Loyola,Xavier etc