LeVake v. Independent School District No. 656 (2001)
Who should teach about evolution?
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How much authority do school districts have over the material taught in public school classes? It has been established that they cannot ban the teaching of evolution for religious reasons, but can they legitimately exclude as teachers those people who might dilute the teaching of evolution because of their religious convictions? Some have argued that such an exclusion would infringe upon both free speech and free exercise of religion.
Background Information
In 1984, Rodney LeVake was hired as a high school science and math teacher for Independent School District #656 and, according to his contract, he could be assigned to teach any topic for which he had "licensure." In 1997, he was offered the chance to teach tenth-grade biology - a course which included a section on evolution. LeVake accepted the position knowing about this requirement because he had discussed the course and the syllabus with Ken Hubert, co-chairman of the high school science department and Dave Johnson, the high school principal
Because of concern over how LeVake was presenting evolution in his biology classes in the 97/98 school year, he was asked to write a paper on how he proposed to continue teaching the subject despite the fact that he believed evolution to be impossible. His paper concluded with this:
I don't believe an unquestioning faith in the theory of evolution is foundational to the goals I have stated in teaching my students about themselves, their responsibilities, and gaining a sense of awe for what they see around them. I will teach, should the department decide that it is appropriate, the theory of evolution. I will also accompany that treatment of evolution with an honest look at the difficulties and inconsistencies of the theory without turning my class into a religious one.
After consulting with district lawyers and others, Johnson decided that LeVake could not adequately teach evolution and that, if he were to try, his beliefs would dilute the basic concepts of biology which had to be taught. LeVake filed a lawsuit, appealing his reassignment to teaching ninth grade biology classes.
Court Decision
LeVake's first argument was that his reassignment infringed upon his right to free exercise of his religion - a claim which the court dismissed. School officials did not demand that the refrain from practicing any part of his religion and none of the courses he was asked to teach infringed upon his religious beliefs.
LeVake's second argument was that his reassignment was an attempt to infringe upon his rights to free speech in order to silence his criticisms of evolution. It is true that academic freedom is important, but the Court found that LeVake's intended material contradicted the material required by school's curriculum - and the school does have the right to make curriculum decisions.
Accordingly, the established curriculum and LeVake's responsibility as a public school teacher to teach evolution in the manner prescribed by the curriculum overrides his First Amendment rights as a private citizen.
Significance
Once again, a court found that a school teacher does not have a right to teach religion under the guise of creationism and that the teaching of evolution is a valid course in public schools.
Further Information
Evolution & Creationism...
Is evolution a science? Is creationism a science? What is science? Is there evidence for either? Religious fundamentalists often attack evolution, but rarely from a positions of really understanding what evolution is and how it works. This FAQ will not only teach you more about the nature of evolution and evolutionary theory, but it will also explain some of the more common complaints and where they go wrong.
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