If America wants to stay at the forefront of scientific study and remain competitive with other nations, its students must be taught scientific principles that are generally applied in the global scientific community. Thus, the implications involved in the latest battles over God and science extend beyond whether to teach controversial subjects, and could have a significant effect on the future of American schools. These problems warrant the development of a new test, or new legal analysis, that will enable the Court to deal with this latest chapter in the heated evolution and creationism debate. This Note examines the evidentiary factors that will be necessary to preserve First Amendment ideals and the consequences that may follow from adopting a more narrow, textualist approach when analyzing the Establishment Clause.
54 Vand. L. Rev. 2555 (Nov. 2001)