Daniel v. Waters

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Daniel v. Waters was a 1975 legal case in which the United States Court of Appeals for the Sixth Circuit struck down Tennessee's law regarding the teaching of "equal time" of evolution and creationism in public school science classes because it violated the Establishment clause of the US Constitution.

The plaintiffs were school teachers supported by the National Association of Biology Teachers.

1 Background
2 The act
3 The ruling
4 Effect of the ruling
5 See also
6 References
7 External links

[edit] Background

Various state laws prohibiting teaching of evolution had been introduced in the 1920s. They were challenged in 1968 at Epperson v. Arkansas which ruled that they contravened constitutional separation of Church and State. The creationist movement turned to promoting teaching of creationism in school science classes as equal to evolutionary theory.^[1]

[edit] The act

The Tennessee law stated, "Any biology textbook used for teaching in the public schools, which expresses an opinion of, or relates a theory about origins or creation of man and his world shall [give] . . . an equal amount of emphasis on . . . the Genesis account in the Bible." (Public Acts of Tennessee, 1973, Chapter 377, cited in LaFollette, 1983, p. 80)^[1]

[edit] The ruling

The Federal District Court ruling was that the Tennessee law was "a clearly defined preferential position for the Biblical version of creation as opposed to any account of the development of man based on scientific research and reasoning. For a state to seek to enforce such preference by law is to seek to accomplish the very establishment of religion which the First Amendment to the Constitution of the United States squarely forbids." (US District Court, Daniel v Waters, 1975)^[1]

[edit] Effect of the ruling

Following this ruling, creationism was stripped of overt biblical references and renamed creation science, and several states passed Acts requiring that this be given equal time with teaching of evolution. This came to court at McLean v. Arkansas (1982) which gave a detailed ruling that it was similarly unconstitutional to teach this in public school science classes, but this was a District level ruling and while setting a persuasive precedent, was only a binding precedent in the relevant district. It was not until a similar case in Louisiana was appealed to the U.S. Supreme Court and was ruled unconstitutional at Edwards v. Aguillard (1987) that creation science was effectively removed from public school science classes nationwide, and the creationists renamed it intelligent design to evade this ruling.^[1]