Establishment Clause of the First Amendment in the context of "Neo-creationism"

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⭐ Core Definition: Establishment Clause of the First Amendment

In theory, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The Establishment Clause and the Free Exercise Clause together read:

The Establishment Clause acts as a double security, prohibiting both control of the government by religion and political control of religion by the government. By it, the federal government of the United States and, by later extension, the governments of all U.S. states and U.S. territories, are prohibited from establishing or sponsoring religion.

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👉 Establishment Clause of the First Amendment in the context of Neo-creationism

Neo-creationism is a pseudoscientific movement which aims to restate creationism in terms more likely to be well received by the public, by policy makers, by educators and by the scientific community. It aims to re-frame the debate over the origins of life in non-religious terms and without appeals to scripture. In the United States, this comes in response to the 1987 ruling by the Supreme Court in Edwards v. Aguillard that creationism is an inherently religious concept and that advocating it as correct or accurate in public-school curricula violates the Establishment Clause of the First Amendment.

One of the principal claims of neo-creationism propounds that ostensibly objective orthodox science, with a foundation in naturalism, is actually a dogmatically atheistic religion. Its proponents argue that the scientific method excludes certain explanations of phenomena, particularly where they point towards supernatural elements, thus effectively excluding religious insight from contributing to understanding the universe. This leads to an open and often hostile opposition to what neo-creationists term "Darwinism", which they generally mean to refer to evolution, but which they may extend to include such concepts as abiogenesis, stellar evolution and the Big Bang theory.

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Establishment Clause of the First Amendment in the context of Edwards v. Aguillard

Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. The constitutionality of the law was successfully challenged in District Court, Aguillard v. Treen, 634 F. Supp. 426 (ED La.1985), and the United States Court of Appeals for the Fifth Circuit affirmed, Aguillard v. Edwards, 765 F.2d 1251 (CA5 1985). The United States Supreme Court ruled that this law violated the Establishment Clause of the First Amendment because the law was specifically intended to advance a particular religion. In its decision, the court opined that "teaching a variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction."

In support of Aguillard, 72 Nobel Prize-winning scientists, 17 state academies of science, and seven other scientific organizations filed amicus briefs that described creation science as being composed of religious tenets.

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Establishment Clause of the First Amendment in the context of School prayer in the United States

School prayer in the United States, if organized by the school, is largely banned from public elementary, middle, and high schools by a series of Supreme Court decisions since 1962. Students may pray privately, and join religious clubs in after-school hours. Public schools, such as local school districts, are banned from conducting religious observances such as prayer. Private and parochial schools are not covered by these rulings, nor are colleges and universities. Elementary and secondary schools are covered because students are required to attend, and are considered more at risk from official pressure than are older students and adults. The Constitutional basis for this prohibition is the First Amendment to the United States Constitution, which requires that:

The first part of the amendment ("Congress shall make no law respecting an establishment of religion") is known as the Establishment Clause of the First Amendment, while the second part ("or prohibiting the free exercise thereof") is known as the Free Exercise Clause.

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