Epperson v. Arkansas
Encyclopedia
Epperson v. Arkansas, 393 U.S. 97 (1968), was a United States Supreme Court
case that invalidated an Arkansas
statute that prohibited the teaching of human evolution
in the public schools. The Court held that the First Amendment
to the United States Constitution
prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment
. After this decision, some jurisdictions passed laws that required the teaching of creation science
alongside evolution when evolution was taught. These were also ruled unconstitutional by the Court in the 1987 case Edwards v. Aguillard
.
in 1925. The Tennessee Supreme Court
upheld the constitutionality
of the Tennessee law in 1927, allowing the state to continue to prohibit the teaching of evolution.
The Arkansas law was passed through the initiative process
, the first anti-evolution law in the United States passed through general election, and teachers who violated it were made subject to fine and dismissal by the state. The law made it,
The case in Epperson v. Arkansas involved the teaching of biology in a Little Rock
high school forty years later. Based upon the recommendation of the school biology teachers, the administrators adopted a new textbook
for the 1965-1966 school year which contained a chapter discussing Charles Darwin
and evolutionary theory, and prescribed the subject be taught to the students.
Susan Epperson was a teacher in the Little Rock school system, employed to teach 10th grade biology
at the Little Rock Central High School. The adoption of the new textbook and curriculum standard put her in a legal dilemma because it remained a criminal offense to teach the material in her state, and to do as her school district instructed would also put her at risk of dismissal. Epperson was not opposed to the teaching, and with backing from the Arkansas chapter of the National Education Association
and the American Civil Liberties Union
, and the unequivocal support of the Little Rock Ministerial Association, filed suit to test the federal constitutionality of the Arkansas state law. She filed in the Chancery Court in Pulaski County seeking nullification of the law and an injunction against her being dismissed for teaching the evolutionary curriculum. She was joined in the suit by H. H. Blanchard, a parent with children in the school.
The Chancery Court held that the statute violated the Fourteenth Amendment
to the United States Constitution which protects citizens from state interference with freedom of speech and thought as contained in the constitution's First Amendment
. The lower court decided the law was unconstitutional because it "tends to hinder the quest for knowledge, restrict the freedom to learn, and restrain the freedom to teach."
In 1967, the Arkansas Supreme Court
reversed the lower court ruling. The opinion was just two sentences long, and offered little explanation for its reversal. This decision left the ban against teaching evolution in effect.
for Arkansas, argued on behalf of the state of Arkansas. Both Langston and the State Appeal Court focused on the power given to states to set curriculum standards, and did not delve far into the subject of evolutionary theory itself nor to the boundaries between church and state.
U.S. Supreme Court found the reasons given in the Arkansas reversal were in error. They went on to say the clear purpose of the Arkansas statute against the teaching of evolution was to protect a particular religious view, and was thus unconstitutional. In a decision written by Justice Abe Fortas
, the Court held,
The Court found that not only was the state prohibited from advancing or protecting a particular religious view, but that,
Justice Hugo Black
issued a separate opinion to overturn the Arkansas law, finding the law unconstitutionally "vague" rather than an unconstitutional religious infringement. While agreeing with the majority to reverse the State Appeal Court decision, his opinion details his dissent from the majority over the First Amendment issue.
famously testified to some questions about Biblical creation in the 1925 Scopes v. State
trial, that Court, like this one, was asked only to judge whether or not teachings about human evolution could be prohibited in the public schools. Even in that case Bryan, who opposed the evolution instruction, never argued that the teaching of Biblical creation belonged in the school. This quickly changed after Epperson. The precedent set in Epperson, in which the Court concluded the sole motive behind the ban against evolution teaching in Arkansas was to protect a particular religious view, effectively nullified all other related evolution education prohibitions throughout the United States. Within a short time of the Epperson decision, religious opponents of the teaching attempted through other means to lessen its influence in the curriculum, including requiring schools to teach biblical creation alongside evolution or forcing schools to provide disclaimers that evolution was "only a theory". Many of these attempts also resulted in precedent setting court decisions. These include:
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case that invalidated an Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
statute that prohibited the teaching of human evolution
Human evolution
Human evolution refers to the evolutionary history of the genus Homo, including the emergence of Homo sapiens as a distinct species and as a unique category of hominids and mammals...
in the public schools. The Court held that the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
prohibits a state from requiring, in the words of the majority opinion, "that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma." The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
. After this decision, some jurisdictions passed laws that required the teaching of creation science
Creation science
Creation Science or scientific creationism is a branch of creationism that attempts to provide scientific support for the Genesis creation narrative in the Book of Genesis and disprove generally accepted scientific facts, theories and scientific paradigms about the history of the Earth, cosmology...
alongside evolution when evolution was taught. These were also ruled unconstitutional by the Court in the 1987 case Edwards v. Aguillard
Edwards v. Aguillard
Edwards v. Aguillard, was a legal case about the teaching of creationism that was heard by the Supreme Court of the United States in 1987. The Court ruled that a Louisiana law requiring that creation science be taught in public schools, along with evolution, was unconstitutional because the law...
.
Background
This case focused on the constitutionality of a 1928 Arkansas statute prohibiting the teaching of human evolutionary theory in its public schools and universities. The statute was enacted during a period of Christian Fundamentalist religious fervor in the 1920s. The Arkansas statute was modeled after Tennessee's 1925 "Butler Act", the subject of the well known Scopes TrialScopes Trial
The Scopes Trial—formally known as The State of Tennessee v. John Thomas Scopes and informally known as the Scopes Monkey Trial—was a landmark American legal case in 1925 in which high school science teacher, John Scopes, was accused of violating Tennessee's Butler Act which made it unlawful to...
in 1925. The Tennessee Supreme Court
Tennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
upheld the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the Tennessee law in 1927, allowing the state to continue to prohibit the teaching of evolution.
The Arkansas law was passed through the initiative process
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
, the first anti-evolution law in the United States passed through general election, and teachers who violated it were made subject to fine and dismissal by the state. The law made it,
unlawful for any teacher or other instructor in any university, college, normal, public school or other institution of the state which is supported in whole or in part from public funds derived by state or local taxation to teach the theory or doctrine that mankind ascended or descended from a lower order of animals, and also that it be unlawful for any teacher, textbook commission, or other authority exercising the power to select textbooks for above-mentioned institutions to adopt or use in any such institution a textbook that teaches the doctrine or theory that mankind ascended or descended from a lower order of animal.
The case in Epperson v. Arkansas involved the teaching of biology in a Little Rock
Little Rock, Arkansas
Little Rock is the capital and the largest city of the U.S. state of Arkansas. The Metropolitan Statistical Area had a population of 699,757 people in the 2010 census...
high school forty years later. Based upon the recommendation of the school biology teachers, the administrators adopted a new textbook
Textbook
A textbook or coursebook is a manual of instruction in any branch of study. Textbooks are produced according to the demands of educational institutions...
for the 1965-1966 school year which contained a chapter discussing Charles Darwin
Charles Darwin
Charles Robert Darwin FRS was an English naturalist. He established that all species of life have descended over time from common ancestry, and proposed the scientific theory that this branching pattern of evolution resulted from a process that he called natural selection.He published his theory...
and evolutionary theory, and prescribed the subject be taught to the students.
Susan Epperson was a teacher in the Little Rock school system, employed to teach 10th grade biology
Biology
Biology is a natural science concerned with the study of life and living organisms, including their structure, function, growth, origin, evolution, distribution, and taxonomy. Biology is a vast subject containing many subdivisions, topics, and disciplines...
at the Little Rock Central High School. The adoption of the new textbook and curriculum standard put her in a legal dilemma because it remained a criminal offense to teach the material in her state, and to do as her school district instructed would also put her at risk of dismissal. Epperson was not opposed to the teaching, and with backing from the Arkansas chapter of the National Education Association
National Education Association
The National Education Association is the largest professional organization and largest labor union in the United States, representing public school teachers and other support personnel, faculty and staffers at colleges and universities, retired educators, and college students preparing to become...
and the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, and the unequivocal support of the Little Rock Ministerial Association, filed suit to test the federal constitutionality of the Arkansas state law. She filed in the Chancery Court in Pulaski County seeking nullification of the law and an injunction against her being dismissed for teaching the evolutionary curriculum. She was joined in the suit by H. H. Blanchard, a parent with children in the school.
The Chancery Court held that the statute violated the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the United States Constitution which protects citizens from state interference with freedom of speech and thought as contained in the constitution's First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. The lower court decided the law was unconstitutional because it "tends to hinder the quest for knowledge, restrict the freedom to learn, and restrain the freedom to teach."
In 1967, the Arkansas Supreme Court
Arkansas Supreme Court
The Arkansas Supreme Court is the highest court in the U.S. state of Arkansas. Since 1925, it has consisted of a Chief Justice and six Associate Justices, and at times Special Justices are called upon in the absence of a regular justice...
reversed the lower court ruling. The opinion was just two sentences long, and offered little explanation for its reversal. This decision left the ban against teaching evolution in effect.
Decision
Epperson appealed the State Supreme Court's reversal to the United States Supreme Court. Eugene R. Warren presented arguments for the appellant, Epperson, and Don Langston, an Assistant Attorney GeneralArkansas Attorney General
The Arkansas Attorney General is an executive position and constitutional officer within the Arkansas government. The Attorney General is the chief law enforcement/legal officer and lawyer for Arkansas. The position is elected every four years, e.g...
for Arkansas, argued on behalf of the state of Arkansas. Both Langston and the State Appeal Court focused on the power given to states to set curriculum standards, and did not delve far into the subject of evolutionary theory itself nor to the boundaries between church and state.
U.S. Supreme Court found the reasons given in the Arkansas reversal were in error. They went on to say the clear purpose of the Arkansas statute against the teaching of evolution was to protect a particular religious view, and was thus unconstitutional. In a decision written by Justice Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
, the Court held,
The overriding fact is that Arkansas’ law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine; that is, with a particular interpretation of the Book of Genesis by a particular religious group.
The Court found that not only was the state prohibited from advancing or protecting a particular religious view, but that,
[T]he state has no legitimate interest in protecting any or all religions from views distasteful to them.
Justice Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
issued a separate opinion to overturn the Arkansas law, finding the law unconstitutionally "vague" rather than an unconstitutional religious infringement. While agreeing with the majority to reverse the State Appeal Court decision, his opinion details his dissent from the majority over the First Amendment issue.
Consequences
Though William Jennings BryanWilliam Jennings Bryan
William Jennings Bryan was an American politician in the late-19th and early-20th centuries. He was a dominant force in the liberal wing of the Democratic Party, standing three times as its candidate for President of the United States...
famously testified to some questions about Biblical creation in the 1925 Scopes v. State
Scopes Trial
The Scopes Trial—formally known as The State of Tennessee v. John Thomas Scopes and informally known as the Scopes Monkey Trial—was a landmark American legal case in 1925 in which high school science teacher, John Scopes, was accused of violating Tennessee's Butler Act which made it unlawful to...
trial, that Court, like this one, was asked only to judge whether or not teachings about human evolution could be prohibited in the public schools. Even in that case Bryan, who opposed the evolution instruction, never argued that the teaching of Biblical creation belonged in the school. This quickly changed after Epperson. The precedent set in Epperson, in which the Court concluded the sole motive behind the ban against evolution teaching in Arkansas was to protect a particular religious view, effectively nullified all other related evolution education prohibitions throughout the United States. Within a short time of the Epperson decision, religious opponents of the teaching attempted through other means to lessen its influence in the curriculum, including requiring schools to teach biblical creation alongside evolution or forcing schools to provide disclaimers that evolution was "only a theory". Many of these attempts also resulted in precedent setting court decisions. These include:
- Wright v. Houston Independent School DistrictWright v. Houston Independent School DistrictWright v. Houston Independent School District was a 1972 American legal case brought by a parent of a student in the Houston Independent School District in Houston, Texas suing on behalf of her daughter and fellow students to prevent the district from teaching evolution as fact and without...
(1972) - Willoughby v. SteverWilloughby v. SteverWilloughby v. Stever was a 1973 American legal decision in a case brought by evangelist William Willoughby against the National Science Foundation director H. Guyford Stever and the Board of Regents of the University of Colorado for using taxpayer money to fund textbooks developed by the Biological...
(1973) - Daniel v. WatersDaniel v. WatersDaniel v. Waters was a 1975 legal case in which the United States Court of Appeals for the Sixth Circuit struck down Tennessee's law regarding the teaching of "equal time" of evolution and creationism in public school science classes because it violated the Establishment clause of the US...
(1975) - Hendren v. CampbellHendren v. CampbellHendren et al. v. Campbell et al. was a 1977 ruling by an Indiana state superior court that the young-earth creationist textbook Biology: A Search For Order In Complexity, published by the Creation Research Society and promoted through the Institute for Creation Research, could not be used in...
(1977) - Segraves v. California (1981)
- McLean v. ArkansasMcLean v. ArkansasMcLean v. Arkansas Board of Education, 529 F. Supp. 1255, 1258-1264 , was a 1981 legal case in Arkansas.A lawsuit was filed in the United States District Court for the Eastern District of Arkansas by various parents, religious groups and organizations, biologists, and others who argued that the...
(1982) - Edwards v. AguillardEdwards v. AguillardEdwards v. Aguillard, was a legal case about the teaching of creationism that was heard by the Supreme Court of the United States in 1987. The Court ruled that a Louisiana law requiring that creation science be taught in public schools, along with evolution, was unconstitutional because the law...
(1987) - Webster v. New Lenox School DistrictWebster v. New Lenox School DistrictWebster v. New Lenox School District was a 1990 court case in New Lenox, Illinois, in which a social studies teacher Ray Webster sued his school district which he accused of violating his first amendment right to free speech for stopping him from teaching "creation science" in class...
(1990) - Bishop v. AronovBishop v. AronovBishop v. Aronov, 926 F.2d 1066 , was a 1991 legal case in which Phillip A. Bishop, an exercise physiology professor at the University of Alabama, sued the college on free speech and academic freedom grounds, when it instructed him not to teach "intelligent design theory" in an extracurricular...
(1991) - Peloza v. Capistrano School DistrictPeloza v. Capistrano School DistrictPeloza v. Capistrano Unified School District, 37 F.3d 517 , was a 1994 court case heard by United States Court of Appeals for the Ninth Circuit in which a creationist schoolteacher, John E...
(1994) - Hellend v. South Bend Community School Corporation (1996)
- Freiler v. Tangipahoa Parish Board of EducationFreiler v. Tangipahoa Parish Board of EducationFreiler v. Tangipahoa Parish Board of Education was United States federal court case on the constitutionality of a policy requiring teachers to read aloud a disclaimer whenever they taught about evolution....
(1997) - Edwards v. California University of Pennsylvania (1998)
- LeVake v. Independent School District 656 (2000)
- Selman v. Cobb County School DistrictSelman v. Cobb County School DistrictSelman v. Cobb County School District, 449 F.3d 1320 , was a 2006 American court case in Cobb County, Georgia involving a sticker placed in biology textbooks...
(2005) - Kitzmiller v. Dover Area School DistrictKitzmiller v. Dover Area School DistrictTammy Kitzmiller, et al. v. Dover Area School District, et al. was the first direct challenge brought in the United States federal courts testing a public school district policy that required the teaching of intelligent design...
(2005)
Related cases
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- 1963