TENNESSEE v. SCOPES 289 SW 363 (1925)

In 1925 Dayton, Tennessee, authorities arrested a local high school teacher, John T. Scopes, for violating the state's Butler Act, which prohibited public school instructors from teaching "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." Scopes admitted to teaching about evolution from George Hunter's Civic Biology, a book approved by Tennessee's textbook commission. The Scopes trial, soon known throughout the nation as "the monkey trial," came in the middle of a decade punctuated by the Red Scare, increased urban-rural tensions, and the resurgence of the Ku Klux Klan. The Dayton courtroom soon became an arena of cultural and political conflict between fundamentalist Christians and civil libertarians.

The former, led by William Jennings Bryan, a three-time presidential candidate and ardent prohibitionist who joined the prosecution staff, argued that the Butler Act was a traditional exercise of state police power with respect to public education, little different from mandating other curricula and fixing the qualifications of teachers. They also saw the statute as a defense of traditional folk values against the moral relativism of modern science and other contemporary religious beliefs. Scopes's defenders, including the american civil liberties union (ACLU) and the celebrated criminal lawyer Clarence Darrow, saw in the Butler Act a palpable threat to several constitutional guarantees, including separation of church and state and freedom of speech.

The trial judge, John T. Raulston, rejected all constitutional attacks against the statute; he also declined to permit testimony by scientific and religious experts, many of whom hoped to argue the compatibility between evolution and traditional religious values, including the belief in a supreme being. The only issue for the jury, Raulston noted, was the narrow one of whether or not John Scopes had taught his class that man had descended from a lower form of animals. Because Scopes has already admitted doing so, the jury's verdict was never in doubt. Darrow and the defense gained a public relations triumph by putting Bryan on the stand to testify as an expert about the Bible. The Great Commoner, who collapsed and died several days after the trial ended, affirmed his faith in biblical literalism, including the story of Jonah and the whale. The jury, however, found Scopes guilty and Raulston fined him the statutory minimum of $100.

Darrow and the ACLU encountered only frustration when they attempted to appeal the conviction. The state supreme court, with one judge dissenting, upheld the constitutionality of the Butler Act. However, they reversed Scopes's conviction on a technicality, holding that the Tennessee constitution prohibited trial judges from imposing fines in excess of $50 without a jury recommendation. The state supreme court also urged Tennessee officials to cease further prosecution of John Scopes—advice which the attorney general followed. The Butler Act remained on the Tennessee statute books but was not enforced against other educational heretics.

Michael E. Parrish
(1986)

(see also: Creationism.)

Bibliography

Ginger, Ray 1958 Six Days or Forever? Tennessee v. John Thomas Scopes. New York: Oxford University Press.