Since then, Buttars requested a protected bill file, meaning it's shielded from public view until he releases it. He revealed its contents Tuesday in a private Republican Senate caucus meeting in response to the Pennsylvania court ruling. After a local TV station reported about the bill, Buttars agreed to give the draft to the Deseret Morning News, saying "obviously, it's been leaked."

"That is the bill as proposed. I haven't signed off on it yet. This has not been officially released," Buttars said, "and it may change as it is officially released."

The proposed bill begins with a statement:

"In order to encourage students to critically analyze theories regarding the origins of life or the origins or present state of the human race, consider opposing viewpoints, and to form their own opinions, the Legislature desires to avoid the perception that all scientists agree on any one theory or that the state endorses one theory over another."

The proposal directs the state school board to set up curriculum requirements. Instruction on life's origins or the present state of the human race "shall stress that not all scientists agree on which theory is correct." State board policies and positions relating to those matters would not endorse a particular theory and "stress that not all scientists agree on which theory is correct."

Just how that would work is up to the state school board, Buttars said.

When asked if it opens the door to intelligent design discussion, Buttars said: "I'm staying right out of that.

"This does not talk about intelligent design, this does not talk about faith-based theories," Buttars said. If teachers do talk about it, "they're on their own risk, aren't they," he said. "I'm talking about the scientific community and two things they do not know regarding evolution."

But the proposal concerns state curriculum director Brett Moulding.

"The bill avoids talking about specifically the theory of evolution or intelligent design, but it's clear it's asking for other theories to be discussed, and there are many, many theories about the origin of life that have no scientific basis," he said.

While the bill is silent on intelligent design, Lear notes Buttars has discussed that concept at length, and she said the courts have considered discussion leading up to bills in determining a law's constitutional muster.

"I don't want to put words in his mouth. I'm just saying his comments before certainly factor into this discussion and the constitutionality of this bill. And he hasn't been subtle . . . in his desire to promote, and he has called it, intelligent design," Lear said. "He believes in it. This is just sanitized language."

Lear, however, is more concerned about bill language she says overreaches into state school board powers.

"The State Board of Education has . . . constitutional authority to direct the public schools," Lear said. "I don't think there's anything more (basic) in that responsibility than curriculum."

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E-mail: jtcook@desnews.com