In American schools, the Genesis creation narrative was generally taught as the origin of the universe and of life until Darwin's scientific theories became widely accepted.
Creationists then starting lobbying to have laws passed that required teachers to Teach the Controversy, but this was also struck down by the Supreme Court in 1987 in Edwards v. Aguillard.
Until the late 19th century, the Genesis creation narrative was taught in nearly all schools in the United States, often from the position that the literal interpretation of the Bible is inerrant.
On March 13, 1925, the Tennessee House of Representatives passed the Butler Act, which prohibited the teaching of human evolution in public schools, with a vote of 71–5.
[10] The Court held: We are not able to see how the prohibition of teaching the theory that man has descended from a lower order of animals gives preference to any religious establishment or mode of worship.
In 1947, the Texas State Board of Education reversed its policy of discouraging or minimizing the teaching of human evolution in public school textbooks.
In reaction to the Epperson case, creationists in Louisiana passed a law requiring that public schools should give "equal time" to "alternative theories" of origin.
— Edwards v. Aguillard[26] The Court held that the law was not adopted with a secular purpose, because its purported purpose of "protecting academic freedom" was not furthered by limiting the freedom of teachers to teach what they thought appropriate; ruled that the act was discriminatory because it provided certain resources and guarantees to "creation scientists" which were not provided to those who taught evolution; and ruled that the law was intended to advance a particular religion because several state senators that had supported the bill stated that their support for the bill stemmed from their religious beliefs.
In a similar way, teaching a variety of scientific theories about the origins of humankind to schoolchildren might be validly done with the clear secular intent of enhancing the effectiveness of science instruction.
— Edwards v. Aguillard[26] The ruling was one in a series of developments addressing issues related to the American creationist movement and the separation of church and state.
Within two years of the Edwards ruling a creationist textbook was produced: Of Pandas and People (1989), which attacked evolutionary biology without mentioning the identity of the supposed "intelligent designer."
The opinion of Kitzmiller v. Dover was hailed as a landmark decision, firmly establishing that creationism and intelligent design were religious teachings and not areas of legitimate scientific research.
This led him to author Darwin on Trial (1991), which examined the evidence for evolution from a religious point of view and challenged the assumption that the only reasonable explanation for the origin of species must be a naturalistic one.
But we would like legal protection for teachers who present scientific arguments against the sacred cow of evolution such as staged pictures of peppered moths and forged embryo diagrams.
[44] The case was filed in spring 2006 by Association of Christian Schools International (ACSI) against the University of California claiming religious discrimination over the rejection of five courses as college preparatory instruction.
[44] The university found the books "didn't encourage critical thinking skills and failed to cover 'major topics, themes and components' of U.S. history" and were thus ill-suited to prepare students for college.
"[50] The Cobb County Board of Education said it adopted the sticker "to foster critical thinking among students, to allow academic freedom consistent with legal requirements, to promote tolerance and acceptance of diversity of opinion, and to ensure a posture of neutrality toward religion.
[53] On December 19, 2006, the Board abandoned all of its legal activities and will no longer mandate that biology texts contain a sticker stating "evolution is a theory, not a fact."
[54] On August 11, 1999, by a 6–4 vote the Kansas State Board of Education changed their science education standards to remove any mention of "biological macroevolution, the age of the Earth, or the origin and early development of the universe," so that evolutionary theory no longer appeared in statewide standardized tests and "it was left to the 305 local school districts in Kansas whether or not to teach it.
On August 9, 2005, the Board drafted new "science standards that require critical analysis of evolution – including scientific evidence refuting the theory,"[57] which opponents analyzed as effectively stating that intelligent design should be taught.
[58] The new standards also provide a definition of science that does not preclude supernatural explanations, and were approved by a 6–4 vote on November 8, 2005—incidentally the day of the Dover Area School Board election which failed to re-elect incumbent creationists (see #Pennsylvania).
[66][67] In 2004, the Dover Area School Board voted that a statement must be read to students of 9th grade biology mentioning intelligent design.
This resulted in a firestorm of criticism from scientists and science teachers and caused a group of parents to begin legal proceedings (sometimes referred to as the Dover Panda Trial) to challenge the decision, based on their interpretation of the Aguillard precedent.
[69] On December 20, 2005, federal judge John E. Jones III ruled that the Dover Area School Board had violated the Constitution when they set their policy on teaching intelligent design, and stated that "In making this determination, we have addressed the seminal question of whether ID is science.
Brenda Ekwurzel of the Union of Concerned Scientists saw it as a risk to education, quoting "We need to keep kids' curiosity about science alive and not limit their ability to understand the world around them by exposing them to misinformation.
[71] On November 7, 2007, the Texas Education Agency (TEA) director of science curriculum Christine Comer was forced to resign over an e-mail she had sent announcing a talk given by an anti-intelligent design author.
"[72] In response over 100 biology professors from Texas universities signed a letter to the state education commissioner denouncing the requirement to be neutral on the subject of intelligent design.
However, during the board meeting a statement was made that their aim was self-directed learning which "occurs only when alternative views are explored and discussed," and directed that professionals supporting curriculum development and implementation are to be required "to investigate and develop processes that encompass a comprehensive approach to the teaching and learning" of the theory of evolution, "along with all other topics that raise differences of thought and opinion."
[84] McLean v. Arkansas (1982), the judge wrote that creation scientists: ...cannot properly describe the methodology used as scientific, if they start with a conclusion and refuse to change it regardless of the evidence developed during the course of the investigation.
[84] Kitzmiller v. Dover Area School District (2005): The proper application of both the endorsement and Lemon tests to the facts of this case makes it abundantly clear that the Board's ID Policy violates the Establishment Clause.