Tennessee AG Says Creationism Resolution Does Not Violate Establishment Clause

Last month (see prior posting) a Tennessee legislator introduced a resolution in the state Senate that would ask the state commissioner of education a series of questions about why schools are not teaching creationism. Last week, Tennessee's attorney general issued Opinion 07-29 which concludes that: "Senate Resolution 17 violates neither the Establishment Clause of the United States Constitution, nor Article I, Section 4 of the Tennessee Constitution." In reaching that conclusion, the Opinion says:

Senate Resolution 17 compels no action regarding religion, and imposes no sanction for disobedience. This resolution is therefore not the type of "law" that may infringe upon the terms of the Establishment Clause.

Furthermore, insofar as Senate Resolution 17 merely asks three questions concerning religion and the teaching of creationism in Tennessee schools, it is difficult to interpret the resolution as a measure "establishing" religion in contravention of the Establishment Clause....

We further do not consider that any reasonable interpretation of Senate Resolution 17 runs afoul of this provision of the Tennessee Constitution. The resolution is completely devoid of any provision suggesting that the Commissioner of Education must satisfy any religious "test" in order to qualify for her office.

Despite the resolution, its sponsor Sen. Raymond Finney says that he may reword the resolution. (NCSE release.)