San Diego Law Review

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This Note first discusses the legal background of the creation-science/evolution debate in cases prior to Edwards. Next, it reviews the United States Supreme Court's decision in Edwards and analyzes the method used by the Court to strike down the Louisiana balanced treatment statute. Then, based on methodology used by the Edwards Court, the Note examines whether creation-science is religion or science and thus whether it violates the Constitution's establishment clause prohibition against advancement of religion in public schools. The author concludes that creation science is inherently religious and that it is highly unlikely balanced treatment acts will ever survive under the establishment clause of the first amendment. However, creationists may be able to argue their case under the free exercise clause.

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