Three months had passed since the open forum and so, aware that the board was still considering his motion, Wilson chose to focus his talk less on the evils of teaching evolution (though he did take a moment to liken it to slavery and racism), than to encourage the board to take its time before making a decision. He told them that it will take courage to resist the likes of the ACLU, but "it's time to end censorship" and allow the Creation story to be told.
Next, Allen Dennis, a professor of geology at University of South Carolina-Aiken, went to the front of the room, to counter the Creationist argument. The board looked visibly tired. They had spent so much time and effort on this subject and yet there seemed to be no end to the parade of people who wanted to speak their minds on it.
Dennis reminded those in the room that a fragment of a dinosaur skull some 210 million years old had recently been found at SRS, and that the intersection of Martintown Road and I-20 is known as a fossil repository. He invited the board, and Wilson, too, to spend a Saturday with him to learn about fossils and geology. Wilson listened, smiled at Dennis's invitation, then arranged his things and got up to leave. He had made his points, and been respectful to the others; now he wanted to get home to his children. But as Wilson started for the door, Bradley motioned to him. "You might want to stick around," he said.
Wilson audibly sighed. "To teach neither," Burkhalter continued, "clearly fails to follow the minimum requirements and testing standards provided for school districts in South Carolina by the State Board of Education. To teach both, would unequivocally violate the constitutional mandate that public school maintain neutrality regarding matters of religion, as concluded by numerous Supreme Court and federal cases which have dealt decisively with these issues."
Wilson planted his right hand on his forehead and looked around at the gathering in amazement. But Burkhalter's report contained more. Citing the legal history of the issue, the attorney retold Scopes and the 1968 Supreme Court decision which found statutes like Tennessee's unconstitutional. He then cited all the various compromises that have been tried, including the teaching of Creation Science along with evolution (rejected in Edwards v. Aguillard, 1987), the offering of disclaimers at the outset of instruction saying that evolution is not intended to influence or dissuade Biblical teaching (rejected in Freiler v. Tangipahoa Parish Board of Education, 1999). He examined the idea that a prohibition of the teacher's right to teach Creationism is an infringement of academic freedoms (dismissed in Webster v. New Lenox) and, finally, the argument that the ban on Creation Science was a violation of a teacher's right to free speech (also rejected, in Peloza v. Capistrano Unified School District.)
The High Court had been asked repeatedly to find a Constitutional basis upon which Creationism advocates could amend the teaching of evolution to promote their values and repeatedly the justices had come down on the side of those who wished to protect the schools from even a whisper of religious dogma. To challenge such a wealth of case law, said Burkhalter, would be foolhardy for it would mire the county in a protracted and costly legal battle that it would have little chance of winning.
Wilson hurriedly left the room, muttering that the surprise delivery of the announcement had been like "the attack on Pearl Harbor." But within a few minutes he had taken the board answer in stride and begun to think of new strategies. He would demand a formal hearing on the matter, he would file a grievance, he would take his argument to the people of the town, something - anything - to see to it that the fight continues.
And indeed, one year later there he was again at 1000 Brookhaven Drive, listening to the prayer and reciting the pledge, waiting while a few laudatory remarks about school achievements were read. Then, when John Bradley asked for community comment, Wilson, text in hand, quietly walked forward. "We are in a moral crisis," he said, "the origin of which can be found in our high school biology classes."