The decision inMcLean v.Arkansas board of education

Abstract

Introduction On March 19, 1981, the Governor of Arkansas signed into law Act 590 of 1981, entitled the "Balanced Treatment for Creation-Science and Evolution-Science Ac t . " The Act is codified as Ark. Star. Ann. w et seq., (1981 Supp.). Its essential mandate is stated in its first sentence: "Public schools within this State shall give balanced treatment to creation-science and to evolut ion-science." On May 27, 1981, this suit was filed (1) challenging the constitutional validity of Act 590 on three distinct grounds. First, it is contended that Act 590 constitutes an establishment of religion prohibited by the First Amendment to the Constitution, which is made applicable to the states by the Fourteenth Amendment. Second, the plaintiffs argue the Act violates a right to academic freedom which they say is guaranteed to students and teachers by the Free Speech Clause of the First Amendment. Third, plaintiffs allege the Act is impermissibly vague and thereby violates the Due Process Clause of the Fourteenth Amendment. The individual plaintiffs include the resident Arkansas Bishops of the United Methodist, Episcopal, Roman Catholic and African Methodist Episcopal Churches, the principal official of the Presbyterian Churches in Arkansas, other United Methodist, Southern Baptist and Presbyterian clergy, as well as several persons who sue as parents and next friends of minor children attending Arkansas public schools. One plaintiff is a high school biology teacher. All are also Arkansas taxpayers. Among the organizational plaintiffs are the American Jewish Congress, the Union of American Hebrew Congregations, the American Jewish Committee, the Arkansas Education Association, the National Association of Biology Teachers and the National Coalition for Public Education and Religious Liberty, all of which sue on behalf of members living in Arkansas (2). The defendants include the Arkansas Board of Educat ion and its members, the Director of the Department of Education, and the State Textbooks and Instructional Materials Selecting Committee (3). The Pulaski County Special School District and its Directors and Superintendent were voluntarily dismissed by the plaintiffs at the pre-trial conference held October 1, 1981. The trial commenced December 7, 1981, and continued through December 17, 1981. This Memorandum Opinion constitutes the Court ' s findings of fact and conclusions of law'. Further orders and judgment will be in conformity with this opinion. There is no controversy over the legal s tandards under which the Establishment Clause portion of this case must be judged. The Supreme Court has on a number of occasions