Wright v. Houston Indep. Sch. Dist., 486 F.2d 137 (5th Cir. 1973). · Go Syfert
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Wright v. Houston Indep. Sch. Dist., 486 F.2d 137 (5th Cir. 1973). Cases Citing This Book View Copy Cite
“contrary to the sincere, able, and rigorous arguments of plaintiffs, the federal courts cannot by judicial decree do that which the supreme court has declared the state legislatures powerless to do, i.e., prevent teaching the theory of evo- lution in public schools for religious …”
15 citation events (2 in the last 25 years) across 8 distinct courts.
Strongest positive: REINOEHL v. PENN-HARRIS-MADISON SCHOOL CORPORATION (insd, 2024-08-30)
Top citers, strongest first. 4 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) REINOEHL v. PENN-HARRIS-MADISON SCHOOL CORPORATION
S.D. Ind. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
contrary to the sincere, able, and rigorous arguments of plaintiffs, the federal courts cannot by judicial decree do that which the supreme court has declared the state legislatures powerless to do, i.e., prevent teaching the theory of evo- lution in public schools for religious …
cited Cited "see" Aguillard v. Treen
E.D. La. · 1985 · signal: see · confidence high
See Wright v. Houston Independent School District, 366 F.Supp. 1208 (S.D.Tex., Houston Division 1972), aff'd, 486 F.2d 137 (5th Cir.1973).
discussed Cited "see, e.g." Augustus v. School Board
5th Cir. · 1975 · signal: see, e.g. · confidence low
See, e. g., Wright v. Houston Independent School District, 486 F.2d 137 (5th Cir. 1973), cert. denied, 417 U.S. 969 , 94 S.Ct. 3173 , 41 L.Ed.2d 1140 (1974); Shanley v. Northeast Independent School District, 462 F.2d 960 (5th Cir. 1972).
discussed Cited "see, e.g." Augustus v. School Board Of Escambia County
5th Cir. · 1975 · signal: see, e.g. · confidence low
See, e.g., Wright v. Houston Independent School District, 486 F.2d 137 (5th Cir. 1973), cert. denied, 417 U.S. 969 , 94 S.Ct. 3173 , 41 L.Ed.2d 1140 (1974); Shanley v. Northeast Independent School District, 462 F.2d 960 (5th Cir. 1972).
Retrieving the full opinion text from the archive…
Rita Wright, Leona Weber, Acting as Next Friend for Rita Wright, a Minor, John R. Brown, Sr., Individually, Etc., Intervenors-Appellants
v.
The Houston Independent School District
72-3463.
Court of Appeals for the Fifth Circuit.
Nov 30, 1973.
486 F.2d 137
Published

486 F.2d 137

Rita WRIGHT et al., Plaintiffs, Leona Weber, acting as next
friend for Rita Wright, a minor, Plaintiff-Appellant,
John R. Brown, Sr., Individually, etc., et al., Intervenors-Appellants,
v.
The HOUSTON INDEPENDENT SCHOOL DISTRICT et al., Defendants-Appellees.

No. 72-3463.

United States Court of Appeals,
Fifth Circuit.

Oct. 10, 1973.
Rehearing and Rehearing En Banc Denied Nov. 30, 1973.

Herbert L. Coffman, Houston, Tex., for John R. Brown, Sr., and others.

James S. Kelly, Houston, Tex., for Barbara Drew and Mrs. Drew.

John L. Hill, Atty. Gen., James C. McCoy, Bruce Youngblood, Asst. Attys. Gen., Austin, Tex., for Central and Edgar.

William Key Wilde, Kelly Frels, Houston, Tex., for Houston Ind. Sch. Dist., Bd. of Trustees and Pres. of Bd. of Trustees.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

PER CURIAM:

[*~137]1

In this 42 U.S.C.A. Sec. 1983 case, plaintiffs seek to enjoin the Houston Independent School District and the Texas State Board of Education from teaching the theory of evolution, without teaching the other theories regarding human origin. Plaintiffs contend that including the study of evolution in the school's curriculum constitutes the establishment of a sectarian, atheistic religion and inhibits the free exercise of their own religion in violation of the First Amendment to the Constitution of the United States. The District Court, after a hearing on defendants' motion under Rule 12(b)(6), F.R.Civ.P., dismissed the case.

2

After extended oral argument and a thorough and careful review of the record and briefs in this case, which include voluminous materials on the subject at hand, we conclude that the case should be affirmed on the comprehensive opinion of District Judge Woodrow Seals. Wright v. Houston Independent School District, 366 F.Supp. 1208 (S.D.Tex.1972).

[*~138]3

Contrary to the sincere, able, and vigorous arguments of plaintiffs, the Federal courts cannot by judicial decree do that which the Supreme Court has declared the state legislatures powerless to do, i. e., prevent teaching the theory of evolution in public school for religious reasons. Epperson v. Arkansas, 393 U.S. 97, 89 S.Ct. 266, 21 L.Ed. 2d 228 (1968). To require the teaching of every theory of human origin, as alternatively suggested by plaintiffs, would be an unwarranted intrusion into the authority of public school systems to control the academic curriculum. See Epperson v. Arkansas, supra; Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969); Shanley v. Northeast Independent School District, Bexar County, Texas, 462 F.2d 960 (5th Cir. 1972).

4

We find no error in the District Court's denying plaintiff Weber's motion for relief from judgment pursuant to Rule 60(b)(1), F.R.Civ.P.

5

Affirmed.