McLEAN v. ARKANSAS BD. OF EDUC.

Nos. 83-1144, 83-1199.

723 F.2d 45 (1983)

Rev. Bill McLEAN; Bishop Ken Hicks; Right Rev. Herbert Donovan; Most Rev. Andrew J. McDonald; Bishop Frederick C. James; Rev. Nathan Porter, Individually and as Father and Next Friend of Joel Randolph Porter; Rev. George W. Gunn; Dr. Richard B. Hardie, Jr.; Rev. Earl B. Carter; Rev. George Tanner; Dr. John P. Miles; Rev. Jerry Canada; The American Jewish Congress; The Union of American Hebrew Congregations; Frances C. Roelfs; Charles Bowlus, Individually and as Father and Next Friend of Cordelia Ann and Christopher Felix; Lon Schultz, Individually and as Father and Next Friend of Andrea Schultz; The Arkansas Education Association; The National Association of Biology Teachers; E.E. Hudson; Mike Wilson; The American Jewish Committee; National Coalition for Public Education and Religious Liberty, Appellees, v. The ARKANSAS BOARD OF EDUCATION; Wayne Hartsfield; Mrs. James Chestnutt; Harry A. Haines; Walter Turnbow; Jim Dupree; Dr. Harry T. McDonald; Robert Newton; Alice L. Preston; T.C. Cogbill, Jr., in Their Official Capacities as Members of the Arkansas Board of Education; Don R. Roberts in His Official Capacity as Director of the Arkansas Department of Education; The State Textbooks and Instructional Materials Selecting Committee, Appellants. Rev. Bill McLEAN; Bishop Ken Hicks; Right Rev. Herbert Donovan; Most Rev. Andrew J. McDonald; Bishop Frederick C. James; Rev. Nathan Porter, Individually and as Father and Next Friend of Joel Randolph Porter; Rev. George W. Gunn; Dr. Richard B. Hardie, Jr.; Rev. Earl B. Carter; Rev. George Tanner; Dr. John P. Miles; Rev. Jerry Canada; The American Jewish Congress; The Union of American Hebrew Congregations; Frances C. Roelfs; Charles Bowlus, Individually and as Father and Next Friend of Cordelia Ann and Christopher Felix; Lon Schultz, Individually and as Father and Next Friend of Andrea Schultz; The Arkansas Education Association; The National Association of Biology Teachers; E.E. Hudson; Mike Wilson; The American Jewish Committee; National Coalition for Public Education and Religious Liberty, Appellants, v. The ARKANSAS BOARD OF EDUCATION; Wayne Hartsfield; Mrs. James Chestnutt; Harry A. Haines; Walter Turnbow; Jim Dupree; Dr. Harry T. McDonald; Robert Newton; Alice L. Preston; T.C. Cogbill, Jr., in Their Official Capacities as Members of the Arkansas Board of Education; Don R. Roberts in His Official Capacity as Director of the Arkansas Department of Education; The State Textbooks and Instructional Materials Selecting Committee, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1983.

Rehearing and Rehearing Denied January 16, 1984.


Attorney(s) appearing for the Case

E. Richard Larson, Jack D. Novik, American Civil Liberties Union Foundation, New York City, Robert M. Cearley, Jr., Cearley, Mitchell & Roachell, Philip E. Kaplan, Kaplan, Hollingsworth & Brewer, Little Rock, Ark., for appellees/cross-appellants.

Steve Clark, David L. Williams, Deputy Atty. Gen., Little Rock, Ark., for appellants/cross-appellees.

Before HEANEY, ROSS and JOHN R. GIBSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 16, 1984.

PER CURIAM.

On January 5, 1982, the district court1 held that the Balanced Treatment for Creation-Science and Evolution-Science Act, Act 590 of 1981, Ark.Stat.Ann. §§ 80-1663 et seq. (Supp.1981), violated the establishment clause of the first amendment to the United States Constitution. McLean v. Arkansas Board...

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