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The Separation of Church and State

 


             The First Amendment to our Constitution says that "Congress will make no law respecting an establishment of faith, or preventing the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people to peaceably assemble, and to petition the Government for a redress of grievances" (The Bill of Rights: A Transcription). Although there are inherent conflicts within the amendment, respectively connecting the establishment clause and the freedom of speech clause so are fitting to this topic, it has been described by our highest courts time and time again both to support the teaching of progression and to prohibit the education of creationism in public schools. An example of the most related cases is Epperson v. Arkansas, under which the U.S. Supreme Court upheld as unconstitutional an Arkansas law which forbade the instruction regarding evolution in public schools. In the initial appraisal written by Justice Fortas, he states "The overriding fact is that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole purpose that it is believed to conflict with a particular religious doctrine; that is, with a distinct understanding of the book of Genesis by a singular religious group" (3). Justice Fortas proceeds on to state "There is and can be no suspicion that the First Amendment appears not to allow the state to require that teaching and learning must remain tailored to the principles or prohibitions of any religious sect or dogma" (4). In a different case that deals with the instruction of "creation science", the Seventh Circuit Court of Appeals ruled that an instructor did not have the First Amendment right to teach creation science in a public school since creation science is a class of religious advocacy (Moore R., Jensen, Hatch 4). Ultimately, a court has ruled specifically on the teaching of intelligent design.


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