The Court also noted that “the state has
no legitimate interest in protecting any or all religions from views distasteful to
them.” Id. at 107 (citing Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 505
(1952)).
...
Likewise, in Epperson v. State of Ark., 393 U.S. 97, 89 (1968), the Supreme
Court struck down Arkansas statutes forbidding the teaching of evolution in public
schools and in colleges and universities, finding that the statutes violated the
Establishment Clause. The Court found that the statutes were unconstitutional
even if they merely prohibited teachers from stating that the theory of evolution is
true.
...
One could argue that Corbett meant that Peloza should not be presenting his
religious ideas to students or that Peloza was presenting faulty science to the
students. But there is more to the statement: Corbett states an unequivocal belief
that creationism is “superstitious nonsense.” The Court cannot discern a legitimate
secular purpose in this statement, even when considered in context. The statement
therefore constitutes improper disapproval of religion in violation of the
Establishment Clause.
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