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http://laws.findlaw.com/us/482/578.html
482 U.S. 578
EDWARDS,
GOVERNOR OF LOUISIANA, ET AL. v. AGUILLARD ET AL.
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 85-1513.
Argued December 10, 1986
Decided June 19, 1987
Louisiana's "Creationism Act" forbids the teaching of the theory of evolution in public elementary and secondary schools unless accompanied by instruction in the theory of "creation science." The Act does not require the teaching of either theory unless the other is taught. It defines the theories as "the scientific evidences for [creation or evolution] and inferences from those scientific evidences." Appellees, who include Louisiana parents, teachers, and religious leaders, challenged the Act's constitutionality in Federal District Court, seeking an injunction and declaratory relief. The District Court granted summary judgment to appellees, holding that the Act violated the Establishment Clause of the First Amendment. The Court of Appeals affirmed.
Held:
1. The Act is facially invalid as violative of the Establishment Clause of the First Amendment, because it lacks a clear secular purpose. Pp. 585-594. ***
(b) The Act impermissibly endorses religion by advancing the religious belief that a supernatural being created humankind. The legislative history demonstrates that the term "creation science," as contemplated by the state legislature, embraces this religious teaching. The Act's primary purpose was to change the public school science curriculum to provide persuasive advantage to a particular religious doctrine that rejects the factual basis of evolution in its entirety. Thus, the Act is designed either to promote the theory of creation science that embodies a particular religious tenet or to prohibit the teaching of a scientific theory disfavored by certain religious sects. In either case, the Act violates the First Amendment. Pp. 589-594.
765 F.2d 1251, affirmed.
BRENNAN, J., delivered the opinion of the Court, in which MARSHALL, BLACKMUN, POWELL, and STEVENS, JJ., joined, and in all but Part II of which O'CONNOR, J., joined. POWELL, J., filed a concurring opinion, in which O'CONNOR, J., joined, post, p. 597. WHITE, J., filed an opinion concurring in the judgment, post, p. 608. SCALIA, J., filed a dissenting opinion, in which REHNQUIST, C. J., joined, post, p. 610.
1. The question for decision is whether Louisiana's "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction" Act (Creationism Act), La. Rev. Stat. Ann. 17:286.1-17:286.7 (West 1982), is facially invalid [482 U.S. 578, 581] as violative of the Establishment Clause of the First Amendment. I
2. The Creationism Act forbids the teaching of the theory of evolution in public schools unless accompanied by instruction in "creation science." 17:286.4A. No school is required to teach evolution or creation science. If either is taught, however, the other must also be taught. Ibid. The theories of evolution and creation science are statutorily defined as "the scientific evidences for [creation or evolution] and inferences from those scientific evidences." 17.286.3(2) and (3).
4. True, the Act's stated purpose is to protect academic freedom. La. Rev. Stat. Ann. 17:286.2 (West 1982). This phrase might, in common parlance, be understood as referring to enhancing the freedom of teachers to teach what they will. The Court of Appeals, however, correctly concluded that the Act was not designed to further that goal. 6 We find no merit in the State's argument that the "legislature may not [have] use[d] the terms `academic freedom' in the correct legal sense. They might have [had] in mind, instead, a basic concept of fairness; teaching all of the evidence." Tr. of Oral Arg. 60. Even if "academic freedom" is read to mean "teaching all of the evidence" with respect to the origin of human beings, the Act does not further this purpose. The goal of providing a more comprehensive science curriculum is not furthered either by outlawing the teaching of evolution or by requiring the teaching of creation science.
6. It is clear from the legislative history that the purpose of the legislative sponsor, Senator Bill Keith, was to narrow the science curriculum. During the legislative hearings, Senator Keith stated: "My preference would be that neither [creationism nor evolution] be taught." 2 App. E-621. Such a ban on teaching does not promote - indeed, it undermines - the provision of a comprehensive scientific education.
7. It is equally clear that requiring schools to teach creation science with evolution does not advance academic freedom. The Act does not grant teachers a flexibility that they did not already possess to supplant the present science curriculum with the presentation of theories, besides evolution, about the origin of life. Indeed, the Court of Appeals found that no law prohibited Louisiana public school teachers from teaching any scientific theory. 765 F.2d, at 1257. As the president of the Louisiana Science Teachers Association testified, "[a]ny scientific concept that's based on established fact can be included in our curriculum already, and no legislation allowing this is necessary." 2 App. E-616. The Act provides Louisiana schoolteachers with no new authority. Thus the stated purpose is not furthered by it.
8. If the Louisiana Legislature's purpose was solely to maximize the comprehensiveness and effectiveness of science instruction, it would have encouraged the teaching of all scientific theories about the origins of humankind. 8 But under [482 U.S. 578, 589] the Act's requirements, teachers who were once free to teach any and all facets of this subject are now unable to do so. Moreover, the Act fails even to ensure that creation science will be taught, but instead requires the teaching of this theory only when the theory of evolution is taught. Thus we agree with the Court of Appeals' conclusion that the Act does not serve to protect academic freedom, but has the distinctly different purpose of discrediting "evolution by counterbalancing its teaching at every turn with the teaching of creationism . . . ." 765 F.2d, at 1257.
10. These same historic and contemporaneous antagonisms between the teachings of certain religious denominations and the teaching of evolution are present in this case. The preeminent purpose of the Louisiana Legislature was clearly to advance the religious viewpoint that a supernatural being created humankind. 11 The term "creation science" was defined as embracing this particular religious doctrine by those responsible for the passage of the Creationism Act. Senator Keith's leading expert on creation science, Edward Boudreaux, testified at the legislative hearings that the theory of creation science included belief in the existence of a supernatural creator. See 1 App. E-421 - E-422 (noting that "creation scientists" point to high probability that life was "created by an intelligent mind"). 12 Senator Keith also cited testimony from other experts to support the creation-science view that "a creator [was] responsible for the universe and everything in it." 13 2 App. E-497. The legislative history [482 U.S. 578, 592] therefore reveals that the term "creation science," as contemplated by the legislature that adopted this Act, embodies the religious belief that a supernatural creator was responsible for the creation of humankind.
11. Furthermore, it is not happenstance that the legislature required the teaching of a theory that coincided with this religious view. The legislative history documents that the Act's primary purpose was to change the science curriculum of public schools in order to provide persuasive advantage to a particular religious doctrine that rejects the factual basis of evolution in its entirety. The sponsor of the Creationism Act, Senator Keith, explained during the legislative hearings that his disdain for the theory of evolution resulted from the support that evolution supplied to views contrary to his own religious beliefs. According to Senator Keith, the theory of evolution was consonant with the "cardinal principle[s] of religious humanism, secular humanism, theological liberalism, aetheistism [sic]." 1 App. E-312-E-313; see also 2 App. E-499-E-500. The state senator repeatedly stated that scientific evidence supporting his religious views should be included in the public school curriculum to redress the fact that the theory of evolution incidentally coincided with what he characterized as religious beliefs antithetical to his own. 14 [482 U.S. 578, 593] The legislation therefore sought to alter the science curriculum to reflect endorsement of a religious view that is antagonistic to the theory of evolution.
12. In this case, the purpose of the Creationism Act was to restructure the science curriculum to conform with a particular religious viewpoint. Out of many possible science subjects taught in the public schools, the legislature chose to affect the teaching of the one scientific theory that historically has been opposed by certain religious sects. As in Epperson, the legislature passed the Act to give preference to those religious groups which have as one of their tenets the creation of humankind by a divine creator. The "overriding fact" that confronted the Court in Epperson was "that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with . . . a particular interpretation of the Book of Genesis by a particular religious group." 393 U.S., at 103 . Similarly, the Creationism Act is designed either to promote the theory of creation science which embodies a particular religious tenet by requiring that creation science be taught whenever evolution is taught or to prohibit the teaching of a scientific theory disfavored by certain religious sects by forbidding the teaching of evolution when creation science is not also taught. The Establishment Clause, however, "forbids alike the preference of a religious doctrine or the prohibition of theory which is deemed antagonistic to a particular dogma." Id., at 106-107 (emphasis added). Because the primary purpose of the Creationism Act is to advance a particular religious belief, the Act endorses religion in violation of the First Amendment.
13. We do not imply that a legislature could never require that scientific critiques of prevailing scientific theories be taught. Indeed, the Court acknowledged in Stone that its decision [482 U.S. 578, 594] forbidding the posting of the Ten Commandments did not mean that no use could ever be made of the Ten Commandments, or that the Ten Commandments played an exclusively religious role in the history of Western Civilization. 449 U.S., at 42 . In a similar way, teaching a variety of scientific theories about the origins of humankind to schoolchildren might be validly done with the clear secular intent of enhancing the effectiveness of science instruction. But because the primary purpose of the Creationism Act is to endorse a particular religious doctrine, the Act furthers religion in violation of the Establishment Clause. 15
16. 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. [482 U.S. 578, 597] The Act violates the Establishment Clause of the First Amendment because it seeks to employ the symbolic and financial support of government to achieve a religious purpose. The judgment of the Court of Appeals therefore is
20. [ Footnote 7 ] The Creationism Act's provisions appear among other provisions prescribing the courses of study in Louisiana's public schools. These other provisions, similar to those in other States, prescribe courses of study in such topics as driver training, civics, the Constitution, and free enterprise. None of these other provisions, apart from those associated with the Creationism Act, nominally mandates "equal time" for opposing opinions within a specific area of learning. See, e. g., La. Rev. Stat. Ann. 17:261-17:281 (West 1982 and Supp. 1987).
21. [ Footnote 8 ] The dissent concludes that the Act's purpose was to protect the academic freedom of students, and not that of teachers. Post, at 628. Such a view is not at odds with our conclusion that if the Act's purpose was to provide comprehensive scientific education (a concern shared by students and teachers, as well as parents), that purpose was not advanced by the statute's provisions. Supra, at 587. ***
22. [ Footnote 9 ] See McLean v. Arkansas Bd. of Ed., 529 F. Supp. 1255, 1258-1264 (ED Ark. 1982) (reviewing historical and contemporary antagonisms between the theory of evolution and religious movements).
23. [ Footnote 13 ] Senator Keith believed that creation science embodied this view: "One concept is that a creator however you define a creator was responsible for [482 U.S. 578, 592] everything that is in this world. The other concept is that it just evolved." Id., at E-280. Besides Senator Keith, several of the most vocal legislators also revealed their religious motives for supporting the bill in the official legislative history. See, e. g., id., at E-441, E-443 (Sen. Saunders noting that bill was amended so that teachers could refer to the Bible and other religious texts to support the creation-science theory); 2 App. E-561 - E-562, E-610 (Rep. Jenkins contending that the existence of God was a scientific fact).
24. [ Footnote 14 ] See, e. g., 1 App. E-74-E-75 (noting that evolution is contrary to his family's religious beliefs); id., at E-313 (contending that evolution advances religions contrary to his own); id., at E-357 (stating that evolution is "almost a religion" to science teachers); id., at E-418 (arguing that evolution is cornerstone of some religions contrary to his own); 2 App. E-763 - E-764 (author of model bill, from which Act is derived, sent copy of the model bill to Senator Keith and advised that "I view this whole battle as [482 U.S. 578, 593] one between God and anti-God forces . . . . [I]f evolution is permitted to continue . . . it will continue to be made to appear that a Supreme Being is unnecessary . . .").
25. [ Footnote 17 ] The experts, who were relied upon by the sponsor of the bill and the legislation's other supporters, testified that creation science embodies the religious view that there is a supernatural creator of the universe. See, supra, at 591-592.
26. [ Footnote 18 ] Appellants contend that the affidavits are relevant because the term "creation science" is a technical term similar to that found in statutes that regulate certain scientific or technological developments. Even assuming, arguendo, that "creation science" is a term of art as represented by appellants, the definition provided by the relevant agency provides a better insight than the affidavits submitted by appellants in this case. In a 1981 survey conducted by the Louisiana Department of Education, the school superintendents in charge of implementing the provisions of the Creationism Act were asked to interpret the meaning of "creation science" as used in the statute. About 75 percent of Louisiana's superintendents stated that they understood "creation science" to be a religious doctrine. 2 App. E-798-E-799. Of this group, the largest proportion of superintendents interpreted creation science, as defined by the Act, to mean the literal interpretation of the Book of Genesis. The remaining superintendents believed that the Act required teaching the view that "the universe was made by a creator." Id., at E-799.
27. I write separately to note certain aspects of the legislative history, and to emphasize that nothing in the Court's opinion diminishes the traditionally broad discretion accorded state and local school officials in the selection of the public school curriculum.
29. *** If no valid secular purpose can be identified, then the statute violates the Establishment Clause.
i. "[P]ublic schools within [the] state shall give balanced treatment to creation-science and to evolution-science. Balanced treatment of these two models shall be given in classroom lectures taken as a whole for each course, in textbook materials taken as a whole for each course, in library materials taken as a whole for the sciences and taken as a whole for the humanities, and in other educational programs in public schools, to the extent that such lectures, textbooks, library materials, or educational programs deal in any way with the subject of the origin of man, life, the earth, or the universe. When creation or evolution is taught, each shall be taught as a theory, rather than as proven scientific fact." 17:286.4(A).
34. In June 1980, Senator Bill Keith introduced Senate Bill 956 in the Louisiana Legislature. The stated purpose of the bill [482 U.S. 578, 600] was to "assure academic freedom by requiring the teaching of the theory of creation ex nihilo in all public schools where the theory of evolution is taught." 1 App. E-1. 2 The bill defined the "theory of creation ex nihilo" as "the belief that the origin of the elements, the galaxy, the solar system, of life, of all the species of plants and animals, the origin of man, and the origin of all things and their processes and relationships were created ex nihilo and fixed by God." Id., at E-1a - E-1b. This theory was referred to by Senator Keith as "scientific creationism." Id., at E-2.
35. While a Senate committee was studying scientific creationism, Senator Keith introduced a second draft of the bill, requiring balanced treatment of "evolution-science" and "creation-science." Id., at E-108. Although the Keith bill prohibited "instruction in any religious doctrine or materials," id., at E-302, it defined "creation-science" to include
38. The complaint in McLean was filed on May 27, 1981. On May 28, the Louisiana Senate committee amended the Keith bill to delete the illustrative list of scientific evidences. According to the legislator who proposed the amendment, it was "not intended to try to gut [the bill] in any way, or defeat the purpose [for] which Senator Keith introduced [it]," 1 App. E-432, and was not viewed as working "any violence to the bill." Id., at E-438. Instead, the concern was "whether this should be an all inclusive list." Ibid.
39. The legislature then held hearings on the amended bill that became the Balanced Treatment Act under review. The principal creation scientist to testify in support of the Act was Dr. Edward Boudreaux. He did not elaborate on the nature of creation science except to indicate that the "scientific evidences" of the theory are "the objective information of science [that] point[s] to conditions of a creator." 2 id., at E-501 - E-502. He further testified that the recognized creation scientists in the United States, who "numbe[r] something like a thousand [and] who hold doctorate and masters degrees in all areas of science," are affiliated with either or both the Institute for Creation Research and the Creation Research Society. Id., at E-503 - E-504. Information on both of these organizations is part of the legislative history, [482 U.S. 578, 602] and a review of their goals and activities sheds light on the nature of creation science as it was presented to, and understood by, the Louisiana Legislature.
40. The Institute for Creation Research is an affiliate of the Christian Heritage College in San Diego, California. The Institute was established to address the "urgent need for our nation to return to belief in a personal, omnipotent Creator, who has a purpose for His creation and to whom all people must eventually give account." 1 id., at E-197. A goal of the Institute is "a revival of belief in special creation as the true explanation of the origin of the world." Therefore, the Institute currently is working on the "development of new methods for teaching scientific creationism in public schools." Id., at E-197 - E-199. The Creation Research Society (CRS) is located in Ann Arbor, Michigan. A member must subscribe to the following statement of belief: "The Bible is the written word of God, and because it is inspired throughout, all of its assertions are historically and scientifically true." 2 id., at E-583. To study creation science at the CRS, a member must accept "that the account of origins in Genesis is a factual presentation of simple historical truth." Ibid. 3 [482 U.S. 578, 603]
41. When, as here, "both courts below are unable to discern an arguably valid secular purpose, this Court normally should hesitate to find one." Wallace v. Jaffree, 472 U.S., at 66 (POWELL, J., concurring). My examination of the language and the legislative history of the Balanced Treatment Act confirms that the intent of the Louisiana Legislature was to promote a particular religious belief. The legislative history of the Arkansas statute prohibiting the teaching of evolution examined in Epperson v. Arkansas, 393 U.S. 97 (1968), was strikingly similar to the legislative history of the Balanced Treatment Act.
43. Even though I find Louisiana's Balanced Treatment Act unconstitutional, I adhere to the view "that the States and locally elected school boards should have the responsibility for determining the educational policy of the public schools." Board of Education, Island Trees Union Free School Dist. No. 26 v. Pico, 457 U.S. 853, 893 (1982) (POWELL, J., dissenting). A decision respecting the subject matter to be taught in public schools does not violate the Establishment Clause simply because the material to be taught "`happens to coincide or harmonize with the tenets of some or all religions.'" Harris v. McRae, 448 U.S. 297, 319 (1980) (quoting McGowan v. Maryland, 366 U.S. 420, 442 (1961)). In the context of a challenge under the Establishment Clause, interference with the decisions of these authorities is warranted only when the purpose for their decisions is clearly religious.
44. As a matter of history, schoolchildren can and should properly be informed of all aspects of this Nation's religious heritage. I would see no constitutional problem if schoolchildren were taught the nature of the Founding Father's religious beliefs and how these beliefs affected the attitudes [482 U.S. 578, 607] of the times and the structure of our government. 6 Courses in comparative religion of course are customary and constitutionally appropriate. 7 In fact, since religion permeates our history, a familiarity with the nature of religious beliefs is necessary to understand many historical as well as contemporary events. 8 In addition, it is worth noting that the Establishment [482 U.S. 578, 608] Clause does not prohibit per se the educational use of religious documents in public school education. Although this Court has recognized that the Bible is "an instrument of religion," Abington School District v. Schempp, supra, at 224, it also has made clear that the Bible "may constitutionally be used in an appropriate study of history, civilization, ethics, comparative religion, or the like." Stone v. Graham, 449 U.S., at 42 (citing Abington School District v. Schempp, supra, at 225). The book is, in fact, "the world's all-time best seller" 9 with undoubted literary and historic value apart from its religious content. The Establishment Clause is properly understood to prohibit the use of the Bible and other religious documents in public school education only when the purpose of the use is to advance a particular religious belief.
46. In sum, I find that the language and the legislative history of the Balanced Treatment Act unquestionably demonstrate that its purpose is to advance a particular religious belief. Although the discretion of state and local authorities over public school curricula is broad, "the First Amendment does not permit the State to require that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." Epperson v. Arkansas, 393 U.S., at 106 . Accordingly, I concur in the opinion of the Court and its judgment that the Balanced Treatment Act violates the Establishment Clause of the Constitution.
47. ***
48. [ Footnote 2 ] Creation "ex nihilo" means creation "from nothing" and has been found to be an "inherently religious concept." McLean v. Arkansas Board of Education, 529 F. Supp. 1255, 1266 (ED Ark. 1982). The District Court in McLean found:
49. "The argument that creation from nothing in [] 4(a)(1) [of the substantially similar Arkansas Balanced Treatment Act] does not involve a supernatural deity has no evidentiary or rational support. To the contrary, `creation out of nothing' is a concept unique to Western religions. In traditional Western religious thought, the conception of a creator of the world is a conception of God. Indeed, creation of the world `out of nothing' is the ultimate religious statement because God is the only actor." Id., at 1265.
50. Even if I agreed with the questionable premise that legislation can be invalidated under the Establishment Clause on the basis of its motivation alone, without regard to its effects, I would still find no justification for today's decision. ****
52. With the foregoing in mind, I now turn to the purposes underlying adoption of the Balanced Treatment Act.
55. The legislators specifically designated the protection of "academic freedom" as the purpose of the Act. La. Rev. Stat. Ann. 17:286.2 (West 1982). We cannot accurately assess whether this purpose is a "sham," ante, at 587, until we first examine the evidence presented to the legislature far more carefully than the Court has done.
56. Before summarizing the testimony of Senator Keith and his supporters, I wish to make clear that I by no means intend to endorse its accuracy. But my views (and the views of this Court) about creation science and evolution are (or should be) beside the point. Our task is not to judge the debate about teaching the origins of life, but to ascertain what the members of the Louisiana Legislature believed. The vast majority of them voted to approve a bill which explicitly stated a secular purpose; what is crucial is not their wisdom in believing that purpose would be achieved by the bill, but their sincerity in believing it would be.
57. Most of the testimony in support of Senator Keith's bill came from the Senator himself and from scientists and educators he presented, many of whom enjoyed academic credentials that may have been regarded as quite impressive by members of the Louisiana Legislature. To a substantial extent, their testimony was devoted to lengthy, and, to the layman, seemingly expert scientific expositions on the origin [482 U.S. 578, 622] of life. See, e. g., 1 App. E-11 - E-18 (Sunderland); id., at E-50 - E-60 (Boudreaux); id., at E-86 - E-89 (Ward); id., at E-130 - E-153 (Boudreaux paper); id., at E-321 - E-326 (Boudreaux); id., at E-423 - E-428 (Sen. Keith). These scientific lectures touched upon, inter alia, biology, paleontology, genetics, astronomy, astrophysics, probability analysis, and biochemistry. The witnesses repeatedly assured committee members that "hundreds and hundreds" of highly respected, internationally renowned scientists believed in creation science and would support their testimony. See, e. g., id., at E-5 (Sunderland); id., at E-76 (Sen. Keith); id., at E-100 - E-101 (Reiboldt); id., at E-327 - E-328 (Boudreaux); 2 id., at E-503 - E-504 (Boudreaux).
58. Senator Keith and his witnesses testified essentially as set forth in the following numbered paragraphs:
59. (1) There are two and only two scientific explanations for the beginning of life 3 - evolution and creation science. 1 id., at E-6 (Sunderland); id., at E-34 (Sen. Keith); id., at E-280 (Sen. Keith); id., at E-417 - E-418 (Sen. Keith). Both are bona fide "sciences." Id., at E-6 - E-7 (Sunderland); id., at E-12 (Sunderland); id., at E-416 (Sen. Keith); id., at E-427 (Sen. Keith); 2 id., at E-491 - E-492 (Sen. Keith); id., at E-497 - E-498 (Sen. Keith). Both posit a theory of the origin of life and subject that theory to empirical testing. Evolution posits that life arose out of inanimate chemical compounds and has gradually evolved over millions of years. Creation science posits that all life forms now on earth appeared suddenly and relatively recently and have changed little. Since there are only two possible explanations of the origin of life, any evidence that tends to disprove the theory of evolution necessarily tends to prove the theory of creation science, and vice versa. For example, the abrupt appearance in the fossil record of complex life, and the extreme rarity [482 U.S. 578, 623] of transitional life forms in that record, are evidence for creation science. 1 id., at E-7 (Sunderland); id., at E-12 - E-18 (Sunderland); id., at E-45 - E-60 (Boudreaux); id., at E-67 (Harlow); id., at E-130 - E-153 (Boudreaux paper); id., at E-423 - E-428 (Sen. Keith).
60. (2) The body of scientific evidence supporting creation science is as strong as that supporting evolution. In fact, it may be stronger. Id., at E-214 (Young statement); id., at E-310 (Sen. Keith); id., at E-416 (Sen. Keith); 2 id., at E-492 (Sen. Keith). The evidence for evolution is far less compelling than we have been led to believe. Evolution is not a scientific "fact," since it cannot actually be observed in a laboratory. Rather, evolution is merely a scientific theory or "guess." 1 id., at E-20 - E-21 (Morris); id., at E-85 (Ward); id., at E-100 (Reiboldt); id., at E-328 - E-329 (Boudreaux); 2 id., at E-506 (Boudreaux). It is a very bad guess at that. The scientific problems with evolution are so serious that it could accurately be termed a "myth." 1 id., at E-85 (Ward); id., at E-92 - E-93 (Kalivoda); id., at E-95 - E-97 (Sen. Keith); id., at E-154 (Boudreaux paper); id., at E-329 (Boudreaux); id., at E-453 (Sen. Keith); 2 id., at E-505 - E-506 (Boudreaux); id., at E-516 (Young).
61. (3) Creation science is educationally valuable. Students exposed to it better understand the current state of scientific evidence about the origin of life. 1 id., at E-19 (Sunderland); id., at E-39 (Sen. Keith); id., at E-79 (Kalivoda); id., at E-308 (Sen. Keith); 2 id., at E-513 - E-514 (Morris). Those students even have a better understanding of evolution. 1 id., at E-19 (Sunderland). Creation science can and should be presented to children without any religious content. Id., at E-12 (Sunderland); id., at E-22 (Sanderford); id., at E-35 - E-36 (Sen. Keith); id., at E-101 (Reiboldt); id., at E-279 - E-280 (Sen. Keith); id., at E-282 (Sen. Keith).
62. (4) Although creation science is educationally valuable and strictly scientific, it is now being censored from or misrepresented in the public schools. Id., at E-19 (Sunderland); id., [482 U.S. 578, 624] at E-21 (Morris); id., at E-34 (Sen. Keith); id., at E-37 (Sen. Keith); id., at E-42 (Sen. Keith); id., at E-92 (Kalivoda); id., at E-97 - E-98 (Reiboldt); id., at E-214 (Young statement); id., at E-218 (Young statement); id., at E-280 (Sen. Keith); id., at E-309 (Sen. Keith); 2 id., at E-513 (Morris). Evolution, in turn, is misrepresented as an absolute truth. 1 id., at E-63 (Harlow); id., at E-74 (Sen. Keith); id., at E-81 (Kalivoda); id., at E-214 (Young statement); 2 id., at E-507 (Harlow); id., at E-513 (Morris); id., at E-516 (Young). Teachers have been brainwashed by an entrenched scientific establishment composed almost exclusively of scientists to whom evolution is like a "religion." These scientists discriminate against creation scientists so as to prevent evolution's weaknesses from being exposed. 1 id., at E-61 (Boudreaux); id., at E-63 - E-64 (Harlow); id., at E-78 - E-79 (Kalivoda); id., at E-80 (Kalivoda); id., at E-95 - E-97 (Sen. Keith); id., at E-129 (Boudreaux paper); id., at E-218 (Young statement); id., at E-357 (Sen. Keith); id., at E-430 (Boudreaux).
63. (5) The censorship of creation science has at least two harmful effects. First, it deprives students of knowledge of one of the two scientific explanations for the origin of life and leads them to believe that evolution is proven fact; thus, their education suffers and they are wrongly taught that science has proved their religious beliefs false. Second, it violates the Establishment Clause. The United States Supreme Court has held that secular humanism is a religion. Id., at E-36 (Sen. Keith) (referring to Torcaso v. Watkins, 367 U.S. 488, 495 , n. 11 (1961)); 1 App. E-418 (Sen. Keith); 2 id., at E-499 (Sen. Keith). Belief in evolution is a central tenet of that religion. 1 id., at E-282 (Sen. Keith); id., at E-312 - E-313 (Sen. Keith); id., at E-317 (Sen. Keith); id., at E-418 (Sen. Keith); 2 id., at E-499 (Sen. Keith). Thus, by censoring creation science and instructing students that evolution is fact, public school teachers are now advancing religion in violation of the Establishment Clause. 1 id., at E-2 - E-4 [482 U.S. 578, 625] (Sen. Keith); id., at E-36 - E-37, E-39 (Sen. Keith); id., at E-154 - E-155 (Boudreaux paper); id., at E-281 - E-282 (Sen. Keith); id., at E-313 (Sen. Keith); id., at E-315 - E-316 (Sen. Keith); id., at E-317 (Sen. Keith); 2 id., at E-499 - E-500 (Sen. Keith).
64. Senator Keith repeatedly and vehemently denied that his purpose was to advance a particular religious doctrine. At the outset of the first hearing on the legislation, he testified: "We are not going to say today that you should have some kind of religious instructions in our schools. . . . We are not talking about religion today. . . . I am not proposing that we take the Bible in each science class and read the first chapter of Genesis." 1 id., at E-35. At a later hearing, Senator Keith stressed: "[T]o . . . teach religion and disguise it as creationism . . . is not my intent. My intent is to see to it that our textbooks are not censored." Id., at E-280. He made many similar statements throughout the hearings. See, e. g., id., at E-41; id., at E-282; id., at E-310; id., at E-417; see also id., at E-44 (Boudreaux); id., at E-80 (Kalivoda).
65. We have no way of knowing, of course, how many legislators believed the testimony of Senator Keith and his witnesses. But in the absence of evidence to the contrary, 4 we [482 U.S. 578, 626] have to assume that many of them did. Given that assumption, the Court today plainly errs in holding that the Louisiana Legislature passed the Balanced Treatment Act for exclusively religious purposes.
67. Even with nothing more than this legislative history to go on, I think it would be extraordinary to invalidate the Balanced Treatment Act for lack of a valid secular purpose. *** The Louisiana Legislature explicitly set forth its secular purpose [482 U.S. 578, 627] ("protecting academic freedom") in the very text of the Act. La. Rev. Stat. 17:286.2 (West 1982). ***
68. The Court seeks to evade the force of this expression of purpose by stubbornly misinterpreting it, and then finding that the provisions of the Act do not advance that misinterpreted purpose, thereby showing it to be a sham. The Court first surmises that "academic freedom" means "enhancing the freedom of teachers to teach what they will," ante, at 586 - even though "academic freedom" in that sense has little scope in the structured elementary and secondary curriculums with which the Act is concerned. Alternatively, the Court suggests that it might mean "maximiz[ing] the comprehensiveness and effectiveness of science instruction," ante, at 588 - though that is an exceedingly strange interpretation of the words, and one that is refuted on the very face of the statute. See 17:286.5. Had the Court devoted to this central question of the meaning of the legislatively expressed purpose a small fraction of the research into legislative history that produced its quotations of religiously motivated statements by individual legislators, it would have discerned quite readily what "academic freedom" meant: students' freedom from indoctrination. The legislature wanted to ensure that students would be free to decide for themselves how life began, based upon a fair and balanced presentation of the scientific evidence - that is, to protect "the right of each [student] voluntarily to determine what to believe (and what not to believe) free of any coercive pressures from the State." Grand [482 U.S. 578, 628] Rapids School District v. Ball, 473 U.S., at 385 . The legislature did not care whether the topic of origins was taught; it simply wished to ensure that when the topic was taught, students would receive "`all of the evidence.'" Ante, at 586 (quoting Tr. of Oral Arg. 60).
69. As originally introduced, the "purpose" section of the Balanced Treatment Act read: "This Chapter is enacted for the purposes of protecting academic freedom . . . of students . . . and assisting students in their search for truth." 1 App. E-292 (emphasis added). Among the proposed findings of fact contained in the original version of the bill was the following: "Public school instruction in only evolution-science . . . violates the principle of academic freedom because it denies students a choice between scientific models and instead indoctrinates them in evolution science alone." Id., at E-295 (emphasis added). 5 Senator Keith unquestionably understood "academic freedom" to mean "freedom from indoctrination." See id., at E-36 (purpose of bill is "to protect academic freedom by providing student choice"); id., at E-283 (purpose of bill is to protect "academic freedom" by giving students a "choice" rather than subjecting them to "indoctrination on origins").
70. If one adopts the obviously intended meaning of the statutory term "academic freedom," there is no basis whatever for concluding that the purpose they express is a "sham." Ante, [482 U.S. 578, 629] at 587. To the contrary, the Act pursues that purpose plainly and consistently. It requires that, whenever the subject of origins is covered, evolution be "taught as a theory, rather than as proven scientific fact" and that scientific evidence inconsistent with the theory of evolution (viz., "creation science") be taught as well. La. Rev. Stat. Ann. 17:286.4A (West 1982). Living up to its title of "Balanced Treatment for Creation-Science and Evolution-Science Act," 17.286.1, it treats the teaching of creation the same way. It does not mandate instruction in creation science, 17:286.5; forbids teachers to present creation science "as proven scientific fact," 17:286.4A; and bans the teaching of creation science unless the theory is (to use the Court's terminology) "discredit[ed] `. . . at every turn'" with the teaching of evolution. Ante, at 589 (quoting 765 F.2d, at 1257). It surpasses understanding how the Court can see in this a purpose "to restructure the science curriculum to conform with a particular religious viewpoint," ante, at 593, "to provide a persuasive advantage to a particular religious doctrine," ante, at 592, "to promote the theory of creation science which embodies a particular religious tenet," ante, at 593, and "to endorse a particular religious doctrine," ante, at 594.
71. The Court cites three provisions of the Act which, it argues, demonstrate a "discriminatory preference for the teaching of creation science" and no interest in "academic freedom." Ante, at 588. First, the Act prohibits discrimination only against creation scientists and those who teach creation science. 17:286.4C. Second, the Act requires local school boards to develop and provide to science teachers "a curriculum guide on presentation of creation-science." 17:286.7A. Finally, the Act requires the Governor to designate seven creation scientists who shall, upon request, assist local school boards in developing the curriculum guides. 17:286.7B. But none of these provisions casts doubt upon the sincerity of the legislators' articulated purpose of "academic freedom" - unless, of course, one gives that term the obviously erroneous meanings preferred by the Court. The Louisiana legislators had been told repeatedly that creation scientists were scorned by most educators and scientists, who themselves had an almost religious faith in evolution. It is hardly surprising, then, that in seeking to achieve a balanced, "non-indoctrinating" curriculum, the legislators protected from discrimination only those teachers whom they thought were suffering from discrimination. (Also, the legislators were undoubtedly aware of Epperson v. Arkansas, 393 U.S. 97 (1968), and thus could quite reasonably have concluded that discrimination against evolutionists was already prohibited.) The two provisions respecting the development of curriculum guides are also consistent with "academic freedom" as the Louisiana Legislature understood the term. Witnesses had informed the legislators that, because of the hostility of most scientists and educators to creation science, the topic had been censored from or badly misrepresented in elementary [482 U.S. 578, 631] and secondary school texts. In light of the unavailability of works on creation science suitable for classroom use (a fact appellees concede, see Brief for Appellees 27, 40) and the existence of ample materials on evolution, it was entirely reasonable for the legislature to conclude that science teachers attempting to implement the Act would need a curriculum guide on creation science, but not on evolution, and that those charged with developing the guide would need an easily accessible group of creation scientists. Thus, the provisions of the Act of so much concern to the Court support the conclusion that the legislature acted to advance "academic freedom."
72. The legislative history gives ample evidence of the sincerity of the Balanced Treatment Act's articulated purpose. Witness after witness urged the legislators to support the Act so that students would not be "indoctrinated" but would instead be free to decide for themselves, based upon a fair presentation of the scientific evidence, about the origin of life. See, e. g., 1 App. E-18 (Sunderland) ("all that we are advocating" is presenting "scientific data" to students and "letting [them] make up their own mind[s]"); id., at E-19 - E-20 (Sunderland) (Students are now being "indoctrinated" in evolution through the use of "censored school books. . . . All that we are asking for is [the] open unbiased education in the classroom . . . your students deserve"); id., at E-21 (Morris) ("A student cannot [make an intelligent decision about the origin of life] unless he is well informed about both [evolution and creation science]"); id., at E-22 (Sanderford) ("We are asking very simply [that] . . . creationism [be presented] alongside . . . evolution and let people make their own mind[s] up"); id., at E-23 (Young) (the bill would require teachers to live up to their "obligation to present all theories" and thereby enable "students to make judgments themselves"); id., at E-44 (Boudreaux) ("Our intention is truth and as a scientist, I am interested in truth"); id., at E-60 - E-61 (Boudreaux) ("[W]e [teachers] are guilty of a lot of [482 U.S. 578, 632] brainwashing. . . . We have a duty to . . . [present the] truth" to students "at all levels from gradeschool on through the college level"); id., at E-79 (Kalivoda) ("This [hearing] is being held I think to determine whether children will benefit from freedom of information or if they will be handicapped educationally by having little or no information about creation"); id., at E-80 (Kalivoda) ("I am not interested in teaching religion in schools. . . . I am interested in the truth and [students] having the opportunity to hear more than one side"); id., at E-98 (Reiboldt) ("The students have a right to know there is an alternate creationist point of view. They have a right to know the scientific evidences which suppor[t] that alternative"); id., at E-218 (Young statement) (passage of the bill will ensure that "communication of scientific ideas and discoveries may be unhindered"); 2 id., at E-514 (Morris) ("[A]re we going to allow [students] to look at evolution, to look at creationism, and to let one or the other stand or fall on its own merits, or will we by failing to pass this bill . . . deny students an opportunity to hear another viewpoint?"); id., at E-516 - E-517 (Young) ("We want to give the children here in this state an equal opportunity to see both sides of the theories"). Senator Keith expressed similar views. See, e. g., 1 id., at E-36; id., at E-41; id., at E-280; id., at E-283.
74. Because I believe that the Balanced Treatment Act had a secular purpose, which is all the first component of the Lemon test requires, I would reverse the judgment of the Court of Appeals and remand for further consideration.
76. [ Footnote 6 ] As the majority recognizes, ante, at 592, Senator Keith sincerely believed that "secular humanism is a bona fide religion," 1 App. E-36; see also id., at E-418; 2 id., at E-499, and that "evolution is the cornerstone of that religion," 1 id., at E-418; see also id., at E-282; id., at E-312 - E-313; id., at E-317; 2 id., at E-499. The Senator even told his colleagues that this Court had "held" that secular humanism was a religion. See 1 id., at E-36, id., at E-418; 2 id., at E-499. (In Torcaso v. Watkins, 367 U.S. 488, 495 , n. 11 (1961), we did indeed refer to "Secular Humanism" as a "religio[n].") Senator Keith and his supporters raised the "religion" of secular humanism not, as the majority suggests, to explain the source of their "disdain for the theory of evolution," ante, at 592, but to convince the legislature that the State of Louisiana was violating the Establishment Clause because its teachers were misrepresenting evolution as fact and depriving students of the information necessary to question that theory. 1 App. E-2 - E-4 (Sen. Keith); id., at E-36 - E-37, E-39 (Sen. Keith); id., at E-154 - E-155 (Boudreaux paper); id., at E-281 - E-282 (Sen. Keith); id., at E-317 (Sen. Keith); 2 id., at E-499 - E-500 (Sen. Keith). The Senator repeatedly urged his colleagues to pass his bill to remedy this Establishment Clause violation by ensuring state neutrality in religious matters, see, e. g., 1 id., at E-36; id., at E-39; id., at E-313, surely a permissible purpose under Lemon. Senator Keith's argument may be questionable, but nothing in the statute or its legislative history gives us reason to doubt his sincerity or that of his supporters.