Legal Question in Education Law in Wisconsin

Re: Separation of Church and State

It would depend on the purpose and reason for the use of the text book.

If the purpose was to teach an accepted scientific theory, i.e. evolution, then no. There is no religious purpose and therefore there is no violation of the Establishment or Free Exercise clause.

The purposes of the Establishment Clause is to keep government from endorsing or supporting a religious point of view, including that there may be no higher-being, i.e. the conclusion that govt doesnt belong in religion. As for the Free Exercise, its purpose is to keep government from silencing religious points that dont agree with it or the population in general, but the government does have a right to restrict the exercise of religion if it conflicts with health, safety and welfare issues established on a religiously-neutral basis.

My suggestion to you is to raise the issue, not from a religious point of view but from a scientific point and see where the conversation leads you.

If you wish to discuss it further, please contact my office.