Title: Creationism and the First Amendment | National Center for Science Education
Headings: Creationism and the First Amendment
Creationism and the First Amendment
The Free Exercise Argument
The Creationism Is Science Argument
The Evolution Is Humanism Argument
The First Amendment and Science

Content: He cites McCollum vs. Board of Education as though it applies in the case of creationists. But the McCollum decision ruled against sectarian religion in the public schools. Such religious instruction is not only a burden on the free exercise rights of nonreligious children but is an unconstitutional breech of the wall of separation between church and state—even if there are no students or parents who complain. The remedy in such a case is always to remove the instruction. But in the case of instruction of evolution, there is no presentation of sectarian religion. There is simply a situation where a student's beliefs clash with particular nonreligious subject matter. Without student
- page 27 -
complaint, no problem would exist. So in these cases, the solution is always to remove the student (in a manner that would spare the child from derision by his or her peers). This is sometimes how matters are handled when parents object to sex education. But even if these court rulings had supported Bird's reasoning, there is a more practical remedy than Bird's choice of either equal time for creationism or removal of all instruction in origins.