The issue: What restrictions does the First Amendment place on the ability of states and school boards to restrict the teaching of evolution or encourage the teaching of "creation science" in the public school classrooms?
Visit: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/evolution.htm
A CREATIONIST: A creationist is a person who rejects the theory of evolution and believes instead that the each species on earth was put here by a Divine Being. A Creationist might accept "micro-evolution" (changes in the form of a species over time based on natural selection), but rejects the notion that one species can-- over time-- become another species. YOUNG EARTH CREATIONIST: A young earth creationist believes that the earth is nowhere near the 4.6 billion or so years old that most scientists estimate, but is instead closer to 6,000 or so years old, based on the assumption the Genesis contains a complete listing of the generations from Adam and Eve to historical times. INTELLIGENT DESIGN PROPONENT: An ID proponent rejects the theory of evolution and, more generally, the notion that natural law and chance alone can explain the diversity of life on earth. Instead, the ID proponent argues--often from statistics--that the diversity of life is the result of a purposeful scheme of some higher power (who may or may not be the God of the Bible). EVOLUTIONIST: An evolutionist accepts the Darwinian argument that natural selection and environmental factors combine to explain the diversity of life we see on earth. An evolutionist may or may not believe that evolution is the way in which a Divine Being has chosen to work in the world. Evolutionists divide into various camps, including PUNCTUALISTS (who believe that evolution usually occurs sporadically, in relatively short bursts, as the result of major environmental change) and GRADUALISTS (who are more inclined to believe that evolution occurs more evenly, over longer periods of time). The PUNCTUALISTS seem now to be winning the argument. |
Questions
2. Is it a violation of the Establishment Clause for a biology teacher to discuss with her students the reasons that she believes in "intelligent design theory" (the theory that holds the universe was the product of the conscious design of a Creator)?
3. Is it a violation of the Establishment Clause for a biology teacher to tell his students "the story of creation in Genesis is hogwash and here's why"?
4. If a State Education Board decides to drop evolution from the list of courses it requires to be taught in public schools, does that decision violate the Establishment Clause?
5. May a biology teacher be fired, on competence grounds, either for teaching creation science or for not teaching evolution?
6. Is the desire of state or school board
officials to avoid entanglement in a primarily religious controversy a "secular
purpose"?
7. May a school system allow
Fundamentalists to opt out of classes in which evolution is discussed? Would
that be a good solution to the controversy?

Further Reading
The case for the theory of evolution is made most compellingly in Science and Creationism (Ashley Montagu, ed.)(1984 Oxford Press) which includes essays by scientists such as Asimov, Hardin, Gould, Marsden, Boulding, Stent, and others.
Harvard paleontologist Stephen
Jay Gould devoted considerable attention to the issue. His works are
voluminous. Some of the better reads include Wonderful Life (1989),
Bully for Brontosaurus (1991), Dinosaur in a Haystack (1995), and
Ever Since Darwin (1977).
The most important critique of evolution
is presented by Berkeley law professor Phillip Johnson in his Darwin on Trial
(2nd ed., 1993).

Why does this debate go on and on?
Perhaps the state should not force exposure to the theory of evolution to those students who view the theory as too threatening. Perhaps. But at the same time, the majority of students who do not subscribe to a literalist interpretation of the Bible need to be prepared for advanced study in biology, should they choose to undertake it. They need to know about evolution. Teachers should follow the facts wherever they go.

| Four Evolutionists | Four Creationists |
|
Charles Darwin |
William B. Riley |
|
Thomas Huxley |
William Jennings Bryan |
|
Stephen Jay Gould |
Henry M. Morris |
|
Steven Pinker |
Phillip E. Johnson |
Prof's Prerogative
2. Although fossil evidence sufficiently demonstrates the fact of evolution, even more compelling evidence today comes today from DNA testing of species. In the future, most of our additional knowledge of evolution will come from what we can learn from DNA.
3. To call evolution a "theory" says nothing about its ability to accurately explain facts observed in the world. The sun-centered solar system of Copernicus and Galileo is a theory.
4. Evolution is the central theory of biology. It is a powerful tool for explaining the presence of millions of fossils and other evidence (such as the fact that over 98% of the DNA of chimpanzees and humans is identical) about the origin of life forms.
5. Evolution is not considered to be inconsistent with the religious beliefs of most Christians or Jews. Most mainline Protestant denominations, the Catholic Church, and many other religious faiths accept the teaching of evolution. (See, e.g., essay below describing the Pope's accepting view of evolution.)
6. There is not a single first-rate biologist*
in the United States who does not believe that life on earth has developed
through the process of evolution, starting with single-cell organisms.
(*This seems to be a controversial
assertion. As one objective measure, consider the group of tenured members of
the biology departments in the nation's fifty top-rated universities. I do not
mean, of course, to suggest that all people who reject evolution are second-rate
thinkers.)
7. There are disputes about evolution as there are about almost any theory. For example, most--but not all--biologists believe that evolution has not worked evenly throughout history: they believe that there have been periods of rapid evolutionary change followed by long periods of relatively little evolutionary change.
8. It took over 200 years, but eventually the Catholic Church accepted the scientific evidence that the earth revolved around the sun. Eventually, most Fundamentalists will come to accept the theory of evolution as well--whether in 20 years or in 200 is hard to say. But it will happen. Facts are stubborn things.
Pro-Creationism Sites:
Center for Scientific Creation
Creation Science
Creation Research Society
Access Research Network
Discovery Institute
Creation-Evolution Encyclopedia
Answers in Genesis, Response to Sci Am's "15 Answers"Sites Generally Supporting Evolutionary Theory:
BBC's Evolution Website
Scientific American, "15 Answers to Creationist Nonsense"
Evolution Entrance (UC_Berkeley)
Darwin's Evidence for Evolution
Origin of Life
Introduction to Evolutionary Biology
Creation/Evolution Bibliography Database
Creation "Science" Debunked
National Center for Science Education
Design Arguments Critiqued
Essays:
What the Vatican Says About Evolution
The Rise of Fundamentalism in America and the Joining of the Battle Over Evolution
From Francis Galton to Scopes's Classroom: The Eugenics Movement
Cosmologist Steven Weinberg on the Science vs Religion Conflict
Fresh Air from WHYY, October 4, 2005 · Historian Edward Larson has written extensively on the intersection of science, politics and religion.
In 2004, Larson's Evolution: The Remarkable History of A Scientific Theory traced the contentious history of the theory of evolution -- from before Darwin to arguments now taking place over school curricula and other issues.
Eighty years ago, in July 1925, the mixture of religion, science and the public schools caught fire in Dayton, Tenn. The Scopes trial -- or "Monkey Trial," as it was called -- dominated headlines across the country. The trial lasted just a week, but the questions it raised are as divisive now as they were back then. NPR looks back at the Scopes trial, the events that led up to it and its aftermath:
1871 – Darwin publishes his second book, The Descent of Man. In this work, Darwin directly addresses the debate over the origin of mankind, arguing that "man is descended from a hairy, tailed quadruped, probably arboreal in its habits, and an inhabitant of the Old World."
1914 – George William Hunter's A Civic Biology, the book that is later used in biology courses in Dayton, Tenn., is published. A Civic Biology describes evolution as "the belief that simple forms of life on the earth slowly and gradually gave rise to those more complex and that thus ultimately the most complex forms came into existence."
1921 – Former congressman and ex-Secretary of State William Jennings Bryan becomes a leader in the anti-evolution movement, delivering speeches entitled "The Menace of Darwinism" and "The Bible and its Enemies." Bryan declares in one address that "[i]t is better to trust in the Rock of Ages, than to know the age of the rocks; it is better for one to know that he is close to the Heavenly Father, than to know how far the stars in the heavens are apart."
1924 – Bryan delivers a lecture in Nashville entitled "Is the Bible true?" Copies of the speech are delivered to members of the Tennessee legislature, including Rep. John Washington Butler.
Jan. 21, 1925 – Rep. Butler introduces legislation in the Tennessee House of Representatives calling for a ban on the teaching of evolution. The proposed law, known as the Butler bill, would prohibit the teaching of "any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals."
Jan. 27, 1925 – The Tennessee House of Representatives approves the Butler bill on a 71-to-5 vote.
March 13, 1925 – After several hours of heated debate, the Tennessee Senate approves the Butler bill 24 to 6.
March 21, 1925 – Tennessee Gov. Austin Peay signs the Butler bill into law. The new law is the first in the United States to ban the teaching of evolution.
May 4, 1925 – A Chattanooga newspaper runs an item noting that the American Civil Liberties Union is seeking teachers willing to challenge the Butler law. The item says that the ACLU is "looking for a Tennessee teacher who is willing to accept our services in testing this law in the courts. Our lawyers think a friendly test case can be arranged without costing a teacher his or her job... All we need now is a willing client."
May 5, 1925 – A group of town leaders in Dayton, Tenn., read the news item about the ACLU's search. They quickly hatch a plan to bring the case to Dayton, a scheme that they hope will generate publicity and jump-start the town's economy. They ask 24-year-old science teacher and football coach John Thomas Scopes if he'd be willing to be indicted to bring the case to trial. Scopes agrees, even though he has only taught biology as a substitute teacher and later says he isn't sure he covered evolution in his classes.
May 12, 1925 – Bryan agrees to participate in the trial on the side of the prosecution, ensuring that the case will receive significant national interest. Several days later, well-known attorneys Clarence Darrow and Dudley Field Malone announce their interest in representing Scopes.
May 25, 1925 – Scopes is indicted by a grand jury for violating Tennessee's anti-evolution law.
May-July, 1925 – Preparations begin in Dayton for an expected onslaught of trial-related publicity. Six blocks of Dayton's main road are transformed into a pedestrian mall; a speaker's platform is built on the lawn of the courthouse; and a tourist camp is constructed. The courtroom is outfitted with the latest technology to transmit the story to the world: telegraph and telephone wiring, movie-newsreel camera platforms and radio microphones. WGN Radio broadcasts the trial live at a cost of more than $1,000 a day just for telephone lines -- the first such broadcast of its kind.
July 10, 1925 – The trial begins with jury selection. Judge John Raulston asks the Rev. Lemuel M. Cartright to open the proceedings with a prayer.
July 13, 1925 – In an effort to have the Butler law declared unconstitutional, defense attorney Clarence Darrow delivers a long, fiery speech arguing that the law violates freedom of religion. Darrow argues that "we find today as brazen and as bold an attempt to destroy learning as was ever made in the Middle Ages."
July 14, 1925 – In the third day of the trial, Darrow objects to the practice of opening the trial with a prayer. Judge Raulston overrules the objection, noting that he has instructed the ministers who offer the prayer to "make no reference to the issues involved in this case."
July 15, 1925 – Judge Raulston overrules the defense's motion to have the Butler law declared unconstitutional. Raulston says in his ruling that the law "gives no preference to any particular religion or mode of worship. Our public schools are not maintained as places of worship, but, on the contrary, were designed, instituted, and are maintained for the purpose of mental and moral development and discipline."
In an afternoon session that day, a not guilty plea is entered on Scopes' behalf. Each side presents its opening statements. The prosecution questions the superintendent of schools and two of Scopes' students, who testify that Scopes taught his class about evolution. The defense questions zoologist Maynard Metcalf, who testifies that evolution is a widely embraced theory in the scientific community.
July 17, 1925 – Judge Raulston rules in favor of a motion by prosecutors to bar expert testimony by scientists. Raulston argues that the experts' opinions on evolutionary theory would "shed no light" on the issue at hand in the trial -- whether Scopes violated the state's anti-evolution laws. Many reporters leave town, believing that the trial is effectively over. Scopes is recruited to write news stories on the trial for some of the delinquent journalists.
July 20, 1925 – With the proceedings taking place outdoors due to the heat, the defense -- in a highly unusual move -- calls Bryan to testify as a biblical expert. Clarence Darrow asks Bryan a series of questions about whether the Bible should be interpreted literally. As the questioning continues, Bryan accuses Darrow of making a "slur at the Bible," while Darrow mocks Bryan for "fool ideas that no intelligent Christian on earth believes."
July 21, 1925 – The final day of the trial opens with Judge Raulston's ruling that Bryan cannot return to the stand and that his testimony should be expunged from the record. Raulston declares that Bryan's testimony "can shed no light upon any issues that will be pending before the higher courts." Darrow then asks the court to bring in the jury and find Scopes guilty -- a move that would allow a higher court to consider an appeal. The jury returns its guilty verdict after nine minutes of deliberation. Scopes is fined $100, which both Bryan and the ACLU offer to pay for him.
After the verdict is read, John Scopes delivers his only statement of the trial, declaring his intent "to oppose this law in any way I can. Any other action would be in violation of my ideal of academic freedom -- that is, to teach the truth as guaranteed in our constitution, of personal and religious freedom."
July 26, 1925 – Five days after the Scopes trial ends, Bryan dies in his sleep in Dayton.
July 31, 1925 – Bryan is buried in Arlington National Cemetery. The words "He Kept the Faith" are inscribed on his tombstone.
1926 – Mississippi becomes the second state to pass a law banning the teaching of evolution in public schools.
May 31, 1926 – The appeal hearing in the Scopes case begins.
Jan. 15, 1927 – The Tennessee Supreme Court rules that the Butler law is constitutional. However, it overturns Scopes' verdict on a technicality, ruling that his fine should have been set by the jury hearing the case instead of by Judge Raulston. The justices declare in their ruling that "[n]othing is to be gained by prolonging the life of this bizarre case."
1927 – George William Hunter publishes A New Civic Biology, an updated version of the biology book used in the Dayton high school where Scopes taught. The new text deals with the concept of evolution cautiously and avoids explicitly naming the theory.
1928 – A third state, Arkansas, enacts legislation banning instruction on evolution.
1930 – The William Jennings Bryan Memorial University opens in Dayton, Tenn. Known today as Bryan College, the institution describes itself as "a highly ranked, nationally competitive college that puts Christ above all."
March 13, 1938 – Clarence Darrow dies at the age of 80.
Jan. 10, 1955 – The play Inherit the Wind, which is loosely based on the Scopes trial, opens on Broadway.
1960 – Thirty-five years after the Scopes trial, the film version of Inherit the Wind opens at a drive-in movie theater in Dayton. Scopes returns to the town for the premiere and is given the key to the city.
May 17, 1967 – Tennessee repeals the Butler Act, the law that banned the teaching of evolution in public schools.
1967 – John Scopes publishes Center of the Storm, his memoir of the trial.
1968 – In Epperson v. Arkansas, the Supreme Court strikes down an Arkansas law banning the teaching of evolution.
Oct. 21, 1970 – John Scopes dies at the age of 70.
1973 – Tennessee becomes the first state in the United States to pass a law requiring that public schools give equal emphasis to "the Genesis account in the Bible" along with other theories about the origins of man. The bill also requires a disclaimer be used any time evolution is presented or discussed in public schools. It demands evolution be taught as theory and not fact.
1975 – Two years after it is passed, Tennessee's "equal time" law is declared unconstitutional by a federal appeals court.
1977 – The National Park Service designates Rhea County Courthouse in Dayton a National Historic Landmark.
1982 -- In McLean v. Arkansas Board of Education, a U.S. district judge strikes down an Arkansas law that required public schools to give "balanced treatment" to evolution and creationism whenever either was taught.
1987 – In Edwards v. Aguillard, the Supreme Court rules that a Louisiana law requiring public schools to give "balanced treatment" to creationism and evolution is unconstitutional.
2005 – School boards and legislatures across the country are continuing to debate how to teach students about the origins of life on Earth. Policymakers in at least 16 states are currently examining the controversy.
July 8, 2005 · Over the years the scientific community has largely decided not to take part in public debates over creationism v. evolution. Now they're being careful about how they take on Darwin's latest critics -- advocates of "Intelligent Design," the argument that life is too complex to have evolved without help.
July 5, 2005 · The teaching of evolution fuels a dispute over modern approaches to the topic in Cecil County, Md., The case comes as historians note the 80th anniversary of the Scopes Monkey Trial in Dayton, Tenn.
July 5, 2005 · The battle between evolution and creationism played out in a Little Rock courtroom in 1981. It foreshadowed issues that still play out today.