ACLU Wins Tangipahoa Creationism Case; Supreme Court Refuses to Hear School Board's Appeal

June 19, 2000

NEW ORLEANS¾ Just a few weeks after national television aired Inherit the Wind, a new version of the classic courtroom duel over creationism, the United States Supreme Court today refused to hear an appeal of the Tangipahoa Parish School Board’s requirement of the reading of a disclaimer before teaching or discussing evolution. The Court’s refusal terminates a struggle over a state-sponsored religious viewpoint which has been in the courts for six years.

"This finally brings to an end the attempt to impose religion on the teaching of science, both in Tangipahoa parish and throughout the country," said ACLU Cooperating Attorney Marjorie R. Esman. "This issue was settled decades ago by the Supreme Court, which today reaffirmed its longstanding precedent that religion has no place in the science classrooms. It’s a shame the School Board has taken so long to realize the Supreme Court means what they say."

The ACLU Foundation of Louisiana filed the case, Freiler v. Tangipahoa Parish School Board, on behalf of plaintiffs who complained that the disclaimer was a violation of church-state separation. The disclaimer, which read in part, "...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 dissuade the Biblical version of creation or any other concept...", was challenged in 1994.

Federal District Judge Marcel Livaudais, Jr. ruled against the Tangipahoa School Board in 1997, and enjoined them from using the disclaimer. The Board appealed to the Fifth Circuit Court of Appeals, which upheld the District Court 3-0. The Board then appealed to the full fifteen-member Fifth Circuit court, which declined to hear the case. With the denial by the US Supreme Court, there is no further appeal possible.

"I am especially encouraged by the Supreme Court’s respect of the precedents in this area," said ACLU Executive Director Joe Cook, "They have upheld the longstanding principle of separation of church and state which is at the foundation of a free and democratic society. This ruling, along with the decision on the Santa Fe case regarding prayer before football games, sends a message to every school board and state legislature that government-sponsored religion in the schools is forbidden."