The Scopes Trial

1. The Scopes Trial

2. U.S. Supreme Court Cases

3. Federal Circuit Court Cases

4. Federal Circuit Court Cases (cont.)

5. Other Major Cases

6. The Dover Trial courtesy Dr. Kenneth Miller

7. The Dover Trial “We’ve been attacked by the intelligent, educated segment of our culture” Dover Pastor Ray Mummert (emphasis mine) courtesy Dr. Kenneth Miller

8. So-called Monkey Trial; American Civil Liberties Union initiated case in an attempt to test the constitutionality of state’s Butler Act; argued by Clarence Darrow and William Jennings Bryan (former presidential candidate); other states that banned teaching of human evolution included Arkansas and Mississippi; no decision made re. Butler Act (remained in effect until 1967). The first in-flight movie! Next

9. Unanimous ruling; based on First Amendment, which, according to the Court, “does not permit a state to require that teaching and learning be tailored to the principles or prohibitions of any particular religious sect or doctrine”; Mississippi is the last state to nullify ban on teaching human evolution accordingly (1970). Susan Epperson meets John Scopes courtesy Dr. Kenneth Miller Return

10. Like McLean v. ArkansasBoard of Education, a case regarding “equal time”; Court ruled that creation science “embodies the religious belief that a supernatural creator was responsible for the creation of mankind”, and that teachers discredit evolution if they counterbalance the teaching of evolution with that of creationism; in minority opinion, Justice Antonin Scalia notes that teachers may still present whatever scientific evidence there may be against evolution. Next

11. Court dismissed w/o trial, also ruling that: 1) there was no evidence that the school district discouraged the free discussion of ideas, 2) the district had not promoted secularism as a religion, and 3) Wright’s proposed solution of equal-time for creationism was an unwarranted intrusion into the public school systems to control the academic curriculum. Return

12. William Willoughby, a writer and evangelist, sued the director of the National Science Foundation and others for funding pro-evolution textbooks; he claimed that the use of tax money to support the books was establishing secular humanism as the official religion of the United States; Court dismissed case on the grounds that the textbooks disseminated scientific findings, not religion. Return

13. Court ruled that a school district may ban a teacher from teaching creationism; note that Ray Webster was a social studies (vs. science) teacher. Next

14. Peloza, a high-school teacher in So. California, claimed that he was being forced to teach the “religion of evolution”, in violation of the Establishment Clause of the U.S. Constitution. Return

15. Court also ruled that proposals for teaching Intelligent Design (ID) were equivalent to those for teaching creation science; disclaimer in this case said that the teaching of evolution was not meant to dissuade students from accepting the biblical version of creation. Return

16. Plaintiffs objected to UC policy of rejecting biology classes “inconsistent with the viewpoints and knowledge generally accepted in the scientific community”; sued for violations of “freedom of speech, freedom from viewpoint discrimination, freedom from arbitrary discretion, equal protection of the laws, and freedom from hostility toward religion”. US Supreme Court declined to review the case on October 12, 2010. What was the straw that broke the UC camel’s back? Next

17. Case heard by presiding Judge William Overton; decision heavily influenced by courtroom testimony from scientists and philosophers on the nature of scientific theories, and the notable lack of scientists testifying in support of creation science; Overton also ruled that creation science was religious in nature (vis a vis the “Lemon test”) and therefore its inclusion in public school curricula violated the Establishment Clause of the U.S. Constitution. Judge Overton defined science as “what scientists do”. Return

18. Rodney LeVake, a high-school teacher in Minnesota, was reassigned for teaching “evidence against evolution”; Court ruled that district action was legal since said evidence was not part of the district’s established curriculum; LeVake claimed that evolution was impossible and that there was no evidence to show that it actually occurred; he sued for violation of his First Amendment rights. Return

19. Sticker read “This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered”; Judge Clarence Cooper ruled that the sticker unfairly singled out the theory of evolution and failed the Lemon test by effectively endorsing creationism. Next

20. “Students will be made aware of gaps/ problems in Darwin’s theory and of other theories of evolution including, but not limited to, intelligent design. Note: Origins of Life is not taught”. Some pro-ID Board members were found ignorant of ID’s claims; Jones concluded other Defense witnesses had lied. ID Policy “utter waste of monetary and personal resources … breathtakingly inane.” Next courtesy Dr. Kenneth Miller

21. “Intelligent Design” is Equivalent to “Creation Science” They found that in post-1987 editions, the words “Intelligent Design” or “design” simply replaced “Creation Science”, “creationism”, or “creation” of earlier editions (re. Edwards vs. Aguillard decision): Barbara Forrest (Southeastern Louisiana Univ.) and Nick Matzke (NCSE) compared 1983, 1986, and 1987 editions of Pandas and People to 1989 and 1993 editions They even found a “missing link” between versions, where a copy-delete-paste mistake had been made trying to change “creationists” to “design proponents”, resulting in … Example: 1986 version’s “Creation means that the various forms of life began abruptly through the agency of an intelligent creator with their distinctive features already intact – fish with fins and scales, birds with feathers, beaks, and wings, etc.” became … “Intelligent design means that various forms of life began abruptly through an intelligent agency, with their distinctive features already intact – fish with fins and scales, birds with feathers, beaks, and wings, etc.” “cdesign proponentists” Return