When a teachers teach evolution they implicitly contradict the religious views of many millions of fundamentalist Christians and more than a few evangelical Christians. They can do this without violating the Establishment Clause. What they cannot do is go on to say that since evolution is right, fundamentalist Christianity is wrong. That would involve a move from science to theology and the state may not take theological positions.
I think what I have described is not controversial as a statement of current law (though many would like to see that law changed). Into this state of affairs comes a case, Hensley v. Johnston County Board of Education in which a teacher in the course of teaching evolution answered religious objections to evolution. A parent complained and the school board demanded she apologize through a letter the Board composed for her. She refused, was transferred, sued, and lost in federal district court on December 23. The district court said she had no free speech or freedom of religion rights. Many will automatically think the court is wrong. But a teacher has no free speech or freedom of religion right to teach religion in the science class. I would like to know exactly what she did, (the letter the Board drafted for her apparently refers to her statements in the classroom about God and religion). Regrettably, the case is not yet available on Westlaw. I'll report back when it is.
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