LAWSUIT: AGUILLARD V. LOUISIANAU.S. District Court No permission required
I. JURISDICTION 1. The court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 (3) and (4) for causes of action arising under the First and Fourteenth Amendments to the Constitution of the United States and 42 U.S.C. § 1983, and 28 U.S.C. §§ 2201 and 2202. II. NATURE OF THE ACTION 2. This is an action for declaratory and injunctive relief declaring Act 685 of 1981, Acts of Louisiana, known as the "Balanced Treatment For Creation-Science and Evolution-Science Act" (hereafter, the "Creationism Act"), in violation of the First and Fourteenth Amendments to the Constitution of the United States, and of 42 U.S.C. § 1983, and enjoining its implementation or enforcement. 3. The Creationism Act (a) constitutes an establishment of religion, (b) abridges the academic freedom of both teachers and students, and (c) is impermissibly vague, all in violation of the Constitution and laws of the United States. 4. Plaintiffs request injunctive relief prohibiting Defendants from in any way enforcing the provisions of the Creationism Act, including the promulgation of any rules or regulations incident thereto, or the approval, selection, purchase or use of any "Creationism" textbooks or materials. 5. By initiating this action, Plaintiffs are neither anti-religion nor asserting the final truth of any theory of evolution. Many of the Plaintiffs are deeply religious and believe religion is important in personal, family and community life. Other Plaintiffs are science professionals committed to the scientific method of inquiry, which necessarily rejects all claims to final truth and perpetually tests for flaws in existing scientific theories. All Plaintiffs are united in the firm conviction that religion is strengthened by its complete separation from government. III. PLAINTIFFS 6. Plaintiffs are: (b) Rev. Phillip Allen is the minister of the Parkview Baptist Church in Monroe, Louisiana where he resides. He sues as a citizen and a taxpayer of Louisiana and the school district wherein he resides, and as a religious person who supports separation of church and state. (c) Dr. Paul Biesenherz is the Chairman of the Department of Curriculum and Instruction at the University of New Orleans. He believes creationism is a religious doctrine, not a scientific one and that to require it taught violates his First Amendment rights and his rights to academic freedom. He resides in New Orleans, Louisiana. He sues as a citizen and taxpayer of Louisiana and the Orleans Parish School District. (d) Rabbi Murray Blackman is the rabbi of the Temple Sinai Congregation in New Orleans. He resides in New Orleans. He sues as a citizen and taxpayer of Louisiana and the Orleans Parish School District, and as a religious person who supports separation of church and state. (e) Quentin Dastugue is a duly elected member o t House of Representatives of the Louisiana Legislature, where he spoke against and voted against enacting the Creationism Act. He believes creationism is a religious doctrine, not a scientific one, and that to require it taught in Louisiana violates his First Amendment rights. He resides in Metairie, Louisiana. He sues as a citizen and taxpayer of Louisiana and the Jefferson Parish School District. (f) Charles B. Donnellan resides in New Orleans, Louisiana. He is the father of Mary and Kathleen Donnellan who attend the Orleans Parish public schools. He sues as a citizen and taxpayer of Louisiana and the Orleans Parish School District, and as a parent and on behalf of his minor children. (g) Dr. Milton Fingerman is the Chairman of the Biology Department of Tulane University in New Orleans. He believes creationism is a religious doctrine, not a scientific one and that to require it taught violates his First Amendment rights. He resides in New Orleans, Louisiana. He sues as a citizen and taxpayer of Louisiana and the Orleans Parish School District. (h) Anthony J. and Gayle Gagliano reside in New Orleans, Louisiana. They are the parents of Lisa Gagliano, who attends the Orleans Parish public schools. They sue as citizens and taxpayers of Louisiana and the Orleans Parish School District and as parents and on behalf of their minor child. (i) Rev. William W. Hatcher is The General Presbyter of the Presbytery of the Pines, which includes north Louisiana. He resides in Ruston, Louisiana. He sues as a citizen and taxpayer of Louisiana and the school district within which he resides and as a religious person who supports separation of church and state. (j) Louisiana Federation of Teachers is a labor union with several thousand member teachers who teach in public schools (elementary, secondary and higher education) throughout Louisiana including biology teachers and teachers of other subjects that might be covered by the Creationism Act. It sues on behalf of its members and itself. It believes that creationism is a religious doctrine, not a scientific one and requiring creationism taught violates the First Amendment rights and rights to academic freedom of the Federation and its members. (k) Louisiana Science Teachers Association is an organization of science teachers throughout Louisiana, including many public school teachers who will be covered by the Creationism Act. It is an affiliate of the National Science Teachers Association. It believes creationism is a religious doctrine, not a scientific one and that requiring it taught violates teachers and students First Amendment rights and their rights to academic freedom. It sues on behalf of itself and its members. (1) Father George Lundy is a Catholic priest residing in New Orleans, Louisiana. He sues as a citizen and taxpayer of Louisiana and the Orleans Parish School District, and as a religious person who supports separation of church and state. (m) Rev. James H. Monroe is the General Presbyter of the Presbytery of South Louisiana. He resides in Baton Rouge, Louisiana. He sues as a citizen and taxpayer of Louisiana and the school district wherein he resides and as a religious person who supports separation of church and state. (n) The National Association of Biology Teachers, Inc. is a nationwide organization of biology teachers chartered as a nonprofit corporation under the laws of Illinois and registered to do business in Louisiana. Its members include biology teachers in public and private secondary schools and colleges, including secondary public schools in Louisiana. Evolution is usually taught in secondary schools as part of the biology curriculum. Biology teachers and the Association thus have a total interest in all laws affecting the biology curriculum. The Association has adopted a position, and its members believe, that creationism is not a science but a religious doctrine with no scientific basis or merit. The Association sues on behalf of itself and its members. (o) The National Science Supervisors Association is a division affiliate of the National Science Teachers Association. Its members are supervisors of science education at all levels of public and private education throughout the United States, including Louisiana. These supervisors and the Association have a vital interest in all laws affecting the science curriculums. The Association and its members believe that creationism is not a science but a religious doctrine with no scientific basis or merit. The Association sues on behalf of itself and its members. (p) The National Science Teachers Association is an organization of science teachers, science education professionals and organizations of both. It has members in Louisiana and is dedicated to the advancement and improvement of science education. These members and the Association have a vital interest in all laws affecting science curriculums. The Association and its members believe that creationism is not a science but a religious doctrine and has no scientific basis or merit. The Association sues on behalf of itself and its members. (q) The Rabbinical Council of New Orleans is made up of all the rabbis of all the Jewish congregations in the greater New Orleans area. These rabbis are residents and taxpayers of Louisiana and the school districts wherein they reside. As religious leaders they and their council are vitally interested in the preservation and protection of the separation of church and state. The Council sues on behalf of itself and its members. (r) Rev. F. T. Schumacher is the minister of St. Matthews United Church of Christ in New Orleans. He resides in New Orleans. He sues as a citizen and a taxpayer of Louisiana and Orleans Parish School District, and as a religious person who supports separation of church and state. (s) Nancy Schweitzer teaches biology and earth science at Baton Rouge High School, a public school in Baton Rouge, Louisiana. She sues as a citizen and taxpayer of Louisiana and the school district wherein she resides, and as a teacher subject to the Creationism Act. (t) Bishop Kenneth Shamblin is the Bishop of the United Methodist Church in Louisiana. He resides in Baton Rouge, Louisiana. He sues as a citizen and taxpayer of Louisiana and the school district wherein he resides, and as a religious person who supports separation of church and state. (u) Rev. Lonnie M. Sibley is the pastor of the Elizabeth Sullivan Memorial United Methodist Church in Bogalusa, Louisiana. He resides in Bogalusa, Louisiana. He sues as a citizen and taxpayer of Louisiana and the school district wherein he resides, and as a religious person who supports the separation of church and state. (v) Keith Sterzing resides in Slidell, Louisiana. He is the father of Lara and Peter Sterzing, who attend St. Tammany Parish public schools. He sues as a citizen and taxpayer of Louisiana and the St. Tammany School District and as a parent and on behalf of his minor children. (w) Rev. James L. Stovall is a minister and the executive director of the Louisiana Interchurch Conference. He resides in Baton Rouge, Louisiana. He sues as a citizen and taxpayer of Louisiana and the school district wherein he resides, and as a religious person who supports the separation of church and state. (x) The University of New Orleans Federation of Teachers is a labor union whose members teach at a state university in New Orleans and many whom teach courses in education that will be affected by the Creationism Act. The Federation is affiliated with the Louisiana Federation of Teachers. The Federation and its members believe that creationism is a religious doctrine, not a scientific one and that requiring it taught violates their First Amendment rights and their rights to academic freedom. The Federation sues on behalf of itself and its members. (y) Dr. Malcolm Coffin Webb resides in New Orleans, Louisiana. He is the father of Peter and Joel Webb, who attend Orleans Parish public schools. He sues as a citizen and taxpayer of Louisiana and the Orleans Parish School District and as a parent and on behalf of his minor children. (z) Rev. Charles S. Womelsdorf is the rector of the St. John's Episcopal Church in Thibodaux, Louisiana. He resides in Thibodaux, Louisiana. He sues as a citizen and taxpayer of Louisiana and the school district wherein he resides, and as a religious person who supports the separation of church and state. (aa) The American Association for the Advancement of Science is the world's largest association of scientific organizations. Individual scientists and others interested in supporting the Association's aims and activities are also members, including approximately 1200 members in Louisiana. The Association and its members believe that creationism is not a science but a religious doctrine and has no scientific basis or merit. The Association sues on behalf of itself and its members. IV DEFENDANTS 7. Defendants are: (b) The Louisiana State Board of Elementary and Secondary Education is a body corporate empowered to sue and be sued and given the power and responsibility to supervise and control the public and elementary and secondary schools in Louisiana, including but not limited to the authority to prescribe and adopt free school books and other materials of instruction for the children of Louisiana at the elementary and secondary level and to prepare and adopt or approve courses of study for the schools under its jurisdiction (L.S.A.-R.S.17:6 and 7). (c) The State Department of Education is under the immediate direction and control of the State Superintendent of Education and among other constitutional and statutory duties has established a program to provide for in-service educational training for teachers in the public schools systems of Louisiana (L.S.A.-R.S.17:24-24.5). (d) The Orleans and St. Tammany Parish School Boards are each political subdivisions of the State of Louisiana and corporate bodies with the power to sue and be sued. Each operates the public school systems within their respective parishes. (e) J. Kelly Nix is the State Superintendent of Education charged with executing and implementing the educational policies and program of the State Board of Elementary and Secondary Education and with administering the State Department of Education. 8. The State Department of Education, with the approval of the State Board of Elementary and Secondary Education, as part of the Louisiana competency-based education program (L.S.A.R.S.17:24.4E) has developed and established and continues to develop and establish statewide curriculum standards for required subjects to be taught in the public schools of Louisiana. The standards developed and established for biology and for earth science require instruction concerning evolution. 9. At all times relevant herein, each Defendant acted and continues to act under color of state law. V. FIRST CAUSE OF ACTION 10. At the regular legislative session of 1981 the Louisiana Legislature enacted, and thereafter, the Governor signed, the Creationism Act, a copy of which is attached hereto, marked Exhibit A and incorporated herein my reference. 11. The Creationism Act defines two subjects, which it labels "creation-science" and "Evolution-science". The Act does not require that either be taught, but provides that if either is taught, there must be "balanced treatment" of the other in all public secondary and elementary schools (hereafter, "public schools"). The Creationism Act requires implementation of its provisions during the school year Beginning in the Fall of 1982. On information and belief, relying upon the Creationism Act, some public schools will begin teaching "creation-science" immediately and, under compulsion of the Act, some public schools will teach "creation-science" during the 1982 school year. 12. The Creationism Act was not drafted by any Louisiana legislator or legislative employee. To the contrary, it was conceived and drafted by employees of "Creationism" organizations, who subscribe to a "fundamentalist" religious belief that the universe, energy and life were all created suddenly by a Divine Creator, as described in Genesis. These same "Creationism" organizations produce and sell for profit "Creationism" textbooks and materials and would therefore profit financially from the passage and implementation of the Creationism Act. In furtherance of these religious and financial objectives, the "Creationism" organizations are vigorously promoting legislation virtually identical to the Creationism Act in many other states. 13. The words "creation" and "creation-science," as used in the Creationism Act, constitute religious doctrine. They embody and reflect particular religious beliefs not shared by adherents of other religious beliefs, or by those who hold no religious beliefs. 14. "Creation," as used in the Creationism Act, necessarily encompasses the concept of a supernatural Creator. "Creation-science," as used in the Creationism Act, necessarily encompasses the concept of a supernatural Creator. 15. The concept of a supernatural Creator is itself an inherently religious belief. "Creation-science" cannot be taught without reference to that religious belief in a Creator. The writings, textbooks and materials of proponents of Creationism consistently acknowledge that the concepts of "Creation" and of a Divine Creator are inextricably intertwined. 16. The so-called "creation-science" defined in the Creationism Act is not science. Any scientific statement must be subject to disproof. Because Creationism posits or concludes a supernatural Creator and supernatural processes, it is not subject to disproof. The writing, textbooks and materials of proponents of Creationism consistently so acknowledge. 17. The Creationism Act constitutes an establishment of religion in violation of the First and Fourteenth Amendments to the Constitution of the United States. The Creationism Act does not have a secular legislative purpose. Its principal and primary effect is to advance religion. It fosters excessive government entanglement with religion, and creates the potential for political divisiveness along religious lines. 18. To obey and carry out the Creationism Act the Defendants are spending and will continue to spend large amounts of taxpayer funds to purchase textbooks, train and supervise teachers, develop curriculum and otherwise implement the Act. 19. Declaratory and injunctive relief are necessary because Plaintiffs have no adequate remedy at law. VI. SECOND CAUSE OF ACTION 20. Plaintiffs repeat and reallege paragraphs 1 through 19 hereof. 21. The Creationism Act abridges the constitutionally protected academic freedom rights of both teachers and students. 22. The Creationism Act requires the Plaintiff teachers and other teachers to teach as science a doctrine which they, as professionals, believe has no scientific basis or merit. By requiring "balanced treatment" of "creation-science and "evolution-science", it prohibits the Plaintiff teachers and other teachers from expressing, and students from learning, the teachers' professional opinions concerning the relative scientific strengths or weaknesses of either. 23. On information and belief, in order to avoid having to teach "creation-science", a substantial number of teachers will refrain from teaching "evolution-science" as well, thereby depriving their students of the constitutionally protected right to acquire useful knowledge. VII. THIRD CAUSE OF ACTION 24. Plaintiffs repeat and reallege paragraphs 1 through 23 hereof. 25. The Creationism Act is unconstitutionally vague. Although the Creationism Act effects sensitive First Amendment rights, it is not narrowly tailored to achieve a compelling governmental interest in the least restrictive manner; its provisions are internally inconsistent; it does not give teachers fair notice of what can or cannot be taught; and it gives to school officials virtually unfettered discretion arbitrarily and capriciously to enforce its provisions. WHEREFORE, Plaintiffs respectfully request:
Respectfully submitted, Jack D. Novik Andrew Weltchek (designated Trial Attorney) Ronald L. Wilson, Esq. PLEASE SERVE: The State of Louisiana through The Honorable William Guste, Attorney General The Louisiana State Board of Elementary and Secondary Education through its Director, Mr. James V. Soileau, Education Building 626 N. 4th Street, Baton Rouge, LA Room-104 The State Department of Education and J. Kelly Nix, through Mr. Nix, 626 N. 45th Street, Baton Rouge, LA Room-1200 The Orleans Parish School Board through its President, Mack J. Spears or its Secretary Freda Depolitte, at 4100 Touro Street, New Orleans, LA 70119 The St. Tammany Parish School Board through its President, Frank W. Scharp, at Rt. 2 Box 121, Covington, LA or at Central Office of School Board, W. 17th Street, Covington, LA 70433 Regular Session, 1981 ACT NO. 685 AN ACT To amend Part III of Chapter I of Title 17 of the Louisiana Revised Statutes of 1950 by adding thereto a new Sub-Part, to be designated as Sub-Part D-2 thereof, comprised of Sections 286.1 through 286.7, both inclusive, relative to balanced treatment of creation-science and evolution-science in public schools, to require such balanced treatment, to bar discrimination on the basis of creationist or evolutionist belief, to provide definitions and clarifications, to declare the legislative purpose, to provide relative to inservice teacher training and materials acquisition, to provide relative to curriculum development, and otherwise to provide with respect thereto. Be it enacted by the Legislature of Louisiana: Section 1. Sub-Part D-2 of Part III of Chapter I of Title 17 of the Louisiana Revised Statutes of 1950, comprised of Sections 286.1 through 286.7, both inclusive, is hereby enacted to read as follows: CHAPTER I. GENERAL SCHOOL LAW * * * PART III. PUBLIC SCHOOLS AND SCHOOL CHILDREN * * * SUB-PART D-2. BALANCED TREAT.MENT FOR CREATION-SCIENCE AND EVOLUTION-SCIENCE IN PUBLIC SCHOOL INSTRUCTION §S286.1. Short Title §286.2. Purpose §286.3. Definitions (1) "Balanced treatment means providing whatever information and instruction in both creation and evolution models the classroom teacher determines is necessary and appropriate to provide insight into both theories in view of the textbooks and other instructional materials available for use in his classroom. (2) "Creation-science" means the scientific evidences for creation and inferences from those scientific evidences. (3) "Evolution-science" means the scientific evidences for evolution and inferences from those scientific evidences. (4) "Public schools" mean public secondary and elementary schools. §286.4. Authorization for balanced treatment; requirement for nondiscrimination B. Public schools within this state and their personnel shall not discriminate by reducing a grade of a student or by singling out and publicly criticizing any student who demonstrates a satisfactory understanding of both evolution-science or creation-science and who accepts or rejects either model in whole or part. C. No teacher in public elementary or secondary school or instructor in any state-supported university in Louisiana, who chooses to be a creation-scientist or to teach scientific data which points to creationism shall, for that reason, be discriminated against in any way by any school board, college board, or administrator. §286.5. Clarifications §286.6 Funding of inservice training and materials acquisition
§286.7. Curriculum Development B. The governor shall designate seven creation-scientists who shall provide resource services in the development of curriculum guides to any city or parish school board upon request. Each such creation-scientist shall be designated from among the full-time faculty members teaching in any college and university in Louisiana. These creation-scientists shall serve at the pleasure of the governor and without compensation. Section 2. If any provision or item of this Act or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Act which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this Act are hereby declared severable. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ APPROVED:_________________________ |