American Constitutionalism in Historical Perspective (packet)

Extracurricular clubs must be treated equally/allow both religious & non-religious clubs. Clubs must come from students themselves, dist truly voluntary behavior vs. state coerced. P. 1561

Evolutionary Theory (p. 1563)

1. 
   Epperson v. Arkansas, 1968: Jews, Catholics have accepted scientific view after made a fool of themselves w/ Galileo. Public ed c/n endorse a sectarian reading of science.
   
2. 
   Edwards v. Aguillard, 1987: Strikes down statute that req balanced instruction of evolution & creation science. Would permit a class that discussed religion in comparative sense as long as voluntary and presented as theory rather than fact. Note that the legislative history contained no secular purpose, clear intention to promote religion. Creationism is not a theory that has any explanatory value in scientific community. Not voluntary: Religious view MUST be taught, although evolution may or may not also be taught along w/ it. W/n be teaching scientific method, but mandating a conclusion/dogma
   

Upheld Sunday closing laws. Uniform day of rest is secular, d/n matter that it’s Sunday which is significant for dominant Christian sects. McGowan v. Maryland p. 1568

Legislative prayer: upheld in Marsh v. Chambers: history matters and d/n apply Lemon test.

Public displays of religious symbols –

1. 
   Lynch v. Donnelly, 1984: adults complained about the display of the creche along w/ other seasonal symbols. Allowed the display b/c the city is not endorsing one view over others when displayed with other symbols. Has historical origins of traditional event long recognized as a National Holiday.
   
   1. 
      O’Connor: observer will reasonably find display’s dominant effect is secular and d/n endorse one religion over others. Holiday context means that display d/n endorse Christianity over non-Christian religion. But application is difficult b/c too subjective.
      
   2.