@farmerman,
Quote:Its unfortunate but I imagine that a "test case" of this entire law will break out sometime closer to the 2012 elections. AM I cynical enough?
I dunno, Boss . . . i suspect that a "test case" wouldn't have very much in the way of legs. The Supremes ruled the Arkansas law prohibiting the teaching of evolution (
Epperson versus Arkansas, 1968) unconstitutional because the motivation was religious, and not scientific. In
McClean versus Arkansas, 1981, a lower court found that "balanced treatment" (which is essentially what Louisiana is attempting here) is unconstitutional on basically the same grounds. The 1981 case
Seagraves versus California found that teaching evolution in schools does not infringe on the free exercise clause. Finally, Louisiana tried to sneak it in the backdoor with their "Creationism Act" which required the teaching of creationism whenever evolution was presented. The Supremes struck that down in
Edwards versus Aguillard, 1987, on the basis of a violation of the establishment clause. They wrote:
Quote:The Louisiana Creationism Act advances a religious doctrine by requiring either the banishment of the theory of evolution from public school classrooms or the presentation of a religious viewpoint that rejects evolution in its entirety.
I don't think the "critical thinking" dodge will work, because i believe Federal courts will see it in exactly the same light as the "balanced treatment" attempt by Arkansas more than 20 years ago. Given the decision in the Dover case, i suspect that as soon as this gets challenged, it will be struck down in lower courts, and that there won't be enough money or interest to take it to the Supremes. This is simply political grandstanding, and it doesn't matter if the majority of Louisiana voters favor it--which is the only plausible reason for Louisiana politicians to have supported it.
This won't pass the Lemon test, based on
Lemon versus Kurtzman, 1971, in which Rhode Island and Pennsylvania laws to supplement salaries of teachers in religious schools were invalidated. The Lemon test is: "
First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion; finally, the statute must not foster "an excessive government entanglement with religion." As with Dover, nobody is going to pull the wool over the eyes of Federal judges about the purpose of this law.