In its decision, the court opined that "teaching a variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction.

Modern American creationism arose from the theological split over modernist higher criticism and its rejection by the fundamentalist Christian movement, which promoted biblical literalism and, post 1920, took up the anti-evolution cause led by William Jennings Bryan.

The teaching of evolution had become a common part of the public school curriculum, but his campaign was based on the idea that "Darwinism" had caused German militarism and threatened traditional religion and morality.

The Tennessee Butler Act was tested in the Scopes trial of 1925, and continued in effect with the result that many schools did not teach evolution.

[6] Counsel for the state later admitted at the Supreme Court oral argument that the "legislature may not [have] used the term 'academic freedom' in the correct legal sense.

426 (ED La.1985), and the Fifth Circuit Court of Appeals, 765 F.2d 1251 (CA5 1985), ruled against Louisiana, finding that its actual purpose in enacting the statute was to promote the religious doctrine of "creation science".

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.

[1] The ruling was one in a series of developments addressing issues related to the American creationist movement and the separation of church and state.

The 139-page 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.