Here's how I would argue it. If they present some silly creationism or ID bullshit, I would argue in court that those are NOT scientific controversies, but religion in disguise. Therefore those religious ideas are NOT covered by the text of this law.
There really isn't any scientific controversy over ID or creationism. One MIGHT make an argument that there is a scientific controversy over global warming (sorry, but one MIGHT make that argument as there are still a very small minority of legit scientists who question it) but definitely not over evolution.
I think the creationists still lose.