McLean v. Arkansas
Encyclopedia
McLean v. Arkansas Board of Education, 529 F. Supp. 1255, 1258-1264 (ED Ark. 1982), 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 Arkansas state law
known as the Balanced Treatment for Creation-Science and Evolution-Science Act (Act 590), which mandated the teaching of "creation science
" in Arkansas public schools
, was unconstitutional because it violated the Establishment Clause
of the First Amendment to the United States Constitution
.
Judge William Overton
handed down a decision on January 5, 1982, giving a clear, specific definition of science
as a basis for ruling that creation science is religion
and is simply not science. The ruling was not binding on schools outside the Eastern District of Arkansas but had considerable influence on subsequent rulings on the teaching of creationism
.
Arkansas did not appeal the decision and it was not until the 1987 case of Edwards v. Aguillard
, which dealt with a similar law passed by the State of Louisiana
, that teaching "creation science" was ruled unconstitutional by the Supreme Court
, making that determination applicable nationwide.
Act 590 had been put forward by a Christian fundamentalist on the basis of a request from the Greater Little Rock Evangelical Fellowship for the introduction of legislation based on a "model act" prepared using material from the Institute for Creation Research
. It was opposed by many religious organizations and other groups.
s in the suit, who opposed the "balanced treatment" statute
, were led by the Reverend William McLean, a United Methodist
minister .
The other plaintiffs were:
The defendants were the Arkansas Board of Education and its members, in their official capacity, the director of the Department of Education, in his official capacity, and the State Textbooks and Instructional materials Selecting Committee. The Pulaski County Special School District
and its directors and superintendent
were name in the original complaint but were voluntarily dismissed by plaintiffs at the pre-trial conference on October 1, 1981.
which ruled that "The law's effort was confined to an attempt to blot out a particular theory because of its supposed conflict with the Biblical account
, literally read. Plainly, the law is contrary to the mandate of the First, and in violation of the Fourteenth Amendment to the Constitution." The creationist movement turned to promoting teaching creationism in school science classes as equal to evolutionary theory.
"Creation science means the scientific evidences for creation and inferences from those evidences. Creation science includes the scientific evidences and related inferences that indicate:
's ruling handed down on January 5, 1982, concluded that "creation-science" as defined in Arkansas Act 590 "is simply not science". The judgment defined the essential characteristics of science as being:
Overton found that "creation science" failed to meet these essential characteristics for the following reasons:
The Act took a two-model approach to teaching identical to the approach put forward by the Institute for Creation Research
, which assumes only two explanations for the origins of life and existence of man, plants and animals: it was either the work of a creator or it was not. Creationists take this to mean that all scientific evidence which fails to support the theory of evolution is necessarily scientific evidence in support of creationism. The judgment found this to be simply a contrived dualism which has no scientific factual basis or legitimate educational purpose.
The judge concluded that "the Act was passed with the specific purpose by the General Assembly of advancing religion," and that it violated the First Amendment's Establishment Clause.
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
in 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...
.
A lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
was filed in the United States District Court for the Eastern District of Arkansas
United States District Court for the Eastern District of Arkansas
The United States District Court for the Eastern District of Arkansas is the United States District Court whose jurisdiction comprises the following counties: Arkansas, Chicot, Clay, Cleburne, Cleveland, Conway, Craighead, Conway, Crittenden, Cross, Dallas, Dehsa, Drew, Faulkner, Fulton, Grant,...
by various parents, religious groups and organizations, biologists, and others who argued that the Arkansas state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
known as the Balanced Treatment for Creation-Science and Evolution-Science Act (Act 590), which mandated 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...
" in Arkansas public schools
Education in the United States
Education in the United States is mainly provided by the public sector, with control and funding coming from three levels: federal, state, and local. Child education is compulsory.Public education is universally available...
, was unconstitutional because it violated the Establishment Clause
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,...
of the First Amendment to the United States Constitution
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...
.
Judge William Overton
William Overton (judge)
William Ray Overton was a judge on the U.S. District Court for the Eastern District of Arkansas.Overton was born in Malvern, Arkansas. He received a B.S./B.A. from the University of Arkansas in 1961, and an LL.B. from the University of Arkansas School of Law in 1964...
handed down a decision on January 5, 1982, giving a clear, specific definition of science
Science
Science is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...
as a basis for ruling that creation science is religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
and is simply not science. The ruling was not binding on schools outside the Eastern District of Arkansas but had considerable influence on subsequent rulings on the teaching of creationism
Creationism
Creationism is the religious beliefthat humanity, life, the Earth, and the universe are the creation of a supernatural being, most often referring to the Abrahamic god. As science developed from the 18th century onwards, various views developed which aimed to reconcile science with the Genesis...
.
Arkansas did not appeal the decision and it was not until the 1987 case of 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...
, which dealt with a similar law passed by the State of Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, that teaching "creation science" was ruled unconstitutional by the Supreme Court
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...
, making that determination applicable nationwide.
Act 590 had been put forward by a Christian fundamentalist on the basis of a request from the Greater Little Rock Evangelical Fellowship for the introduction of legislation based on a "model act" prepared using material from the Institute for Creation Research
Institute for Creation Research
The Institute for Creation Research is a Christian institution in Dallas, Texas that specializes in education, research, and media promotion of Creation Science and Biblical creationism. The ICR adopts the Bible as an inerrant and literal documentary of scientific and historical fact as well as...
. It was opposed by many religious organizations and other groups.
Parties
The plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s in the suit, who opposed the "balanced treatment" statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, were led by the Reverend William McLean, a United Methodist
United Methodist Church
The United Methodist Church is a Methodist Christian denomination which is both mainline Protestant and evangelical. Founded in 1968 by the union of The Methodist Church and the Evangelical United Brethren Church, the UMC traces its roots back to the revival movement of John and Charles Wesley...
minister .
The other plaintiffs were:
- BishopBishopA bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
Kenneth Hicks, of the Arkansas Conferences of the United Methodist Church - The Right ReverendRight ReverendThe Right Reverend is a style applied to certain religious figures.*In the Anglican Communion and the Roman Catholic Church in Great Britain it applies to bishops except that The Most Reverend is used for archbishops .*In some churches with a...
Herbert A. Donovan of the Episcopal Diocese of ArkansasEpiscopal Diocese of ArkansasThe Episcopal Diocese of Arkansas is part of the larger Episcopal Church in the United States and the worldwide Anglican Communion. The Diocese is organized into 56 congregations, with its diocesan office in Little Rock. The seat of the Bishop of Arkansas is , Little Rock.-List of bishops of... - The Most ReverendMost ReverendThe Most Reverend is a style applied to certain religious figures.*In the Roman Catholic Church , all bishops are styled "The Most Reverend", as well as monsignors of the rank of protonotary apostolic de numero.*In the Roman Catholic Church , archbishops are styled "The...
Andrew Joseph McDonaldAndrew Joseph McDonaldAndrew Joseph McDonald is an American prelate of the Roman Catholic Church. He served as Bishop of Little Rock from 1972 to 2000.-Biography:...
, Catholic Bishop of Little RockRoman Catholic Diocese of Little RockThe Roman Catholic Diocese of Little Rock is a Roman Catholic diocese in Arkansas. It was founded on November 28, 1843.-History:A dozen Catholic priests accompanied Spanish explorer Hernando de Soto down the Mississippi River in 1541 to a Quapaw Indian village near present-day Helena-West Helena,... - Bishop Frederick C. James of the African Methodist Episcopal ChurchAfrican Methodist Episcopal ChurchThe African Methodist Episcopal Church, usually called the A.M.E. Church, is a predominantly African American Methodist denomination based in the United States. It was founded by the Rev. Richard Allen in Philadelphia, Pennsylvania, in 1816 from several black Methodist congregations in the...
or Arkansas - The Reverend Nathan Porter, individually and as father and next friendNext friendIn common law, next friend is a phrase used to refer to a person who represents another person who is under disability or otherwise unable to maintain a suit on their own behalf and who does not have a legal guardian....
of Joel Randolph Porter - The Reverend George W. Gunn, minister of the Pulaski Heights Presbyterian Church in Little Rock
- Dr. Richard B. Hardie, Jr., minister of the Westover Hills Presbyterian Church in Little Rock
- The Reverend Earl B. Carter, minister of the United Methodist Church and program director of the North Arkansas Conference of the United Methodist Church
- The Reverend George Panner, minister of the United Methodist Church and program director of the Little Rock Conference of the United Methodist church.
- Dr. John P. Miles, minister of St. James United Methodist Church in Little Rock and vice-chair of Americans United for Separation of Church and StateAmericans United for Separation of Church and StateAmericans United for Separation of Church and State is a group that advocates separation of church and state, a legal doctrine interpreted by AU as being enshrined in the Establishment Clause of the First Amendment to the United States Constitution.-Mission:The guiding principle of Americans...
in Arkansas. - Rev. Jerry Canada, minister of the United Methodist Church and editor of The Arkansas Methodist
- The American Jewish CongressAmerican Jewish CongressThe American Jewish Congress describes itself as an association of Jewish Americans organized to defend Jewish interests at home and abroad through public policy advocacy, using diplomacy, legislation, and the courts....
an American Jewish CommitteeAmerican Jewish CommitteeThe American Jewish Committee was "founded in 1906 with the aim of rallying all sections of American Jewry to defend the rights of Jews all over the world...
, two national Jewish organizations - The Union of American Hebrew Congregations, the national federation of Reform Jews
- Frances C. Roelfs, a biology teacher at Springdale High SchoolSpringdale High SchoolSpringdale High School is a public high school in Springdale, Arkansas, United States for students in grades ten through twelve. Springdale High School is one of two high schools administered by the Springdale School District, the other being Har-Ber High School. SHS is also an IB World School...
in Springdale, ArkansasSpringdale, ArkansasAs of the census of 2010, there were 69,797 people, 22,805 households, and 16,640 families residing in the city. The racial makeup of the city was 64.7% White, 0.82% Black or African American, 1.8% Native American, 1.4% Asian, 5.7% Pacific Islander, 22% from other races, and 2.9% from two or more... - Charles Bowlus, individually and as father and next friend of Cordelia Ann and Christopher Felix
- Lon Schultz, individually and as father and next friend of Andrea Schultz
- The Arkansas Education Association, a teachers' unionTrade unionA trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
- The National Association of Biology TeachersNational Association of Biology TeachersThe National Association of Biology Teachers is an American-based scholarly society that "empowers educators to provide the best possible biology and life science education for all students."...
- E. E. Hudson, Associate Professor of Biological Sciences at Arkansas Technical UniversityArkansas Tech UniversityArkansas Tech University is a comprehensive regional institution located in Russellville, Arkansas, United States. The university offers programs at both baccalaureate and graduate levels in a range of fields. As of 2004, the University also operates a small satellite campus in the town of Ozark...
- Mike Wilson, of Jacksonville, ArkansasJacksonville, ArkansasJacksonville is a city in Pulaski County, Arkansas, United States, and a suburb of Little Rock. As of the 2010 census, the population of the city was 28,364. It is part of the Little Rock–North Little Rock–Conway Metropolitan Statistical Area....
, an attorney and member of the Arkansas House of RepresentativesArkansas House of RepresentativesThe Arkansas House of Representatives is the lower house of the Arkansas General Assembly, the state legislature of the U.S. state of Arkansas. The House is composed of 100 members elected from an equal amount of constituencies across the state. Each district has an average population of 26,734...
who voted against the act - National Coalition For Public Education and Religious Liberty (National PEARL)
The defendants were the Arkansas Board of Education and its members, in their official capacity, the director of the Department of Education, in his official capacity, and the State Textbooks and Instructional materials Selecting Committee. The Pulaski County Special School District
Pulaski County Special School District
Pulaski County Special School District is one of three public school districts in Pulaski County, Arkansas; the others are the Little Rock School District and the North Little Rock School District...
and its directors and superintendent
Superintendent (education)
In education in the United States, a superintendent is an individual who has executive oversight and administration rights, usually within an educational entity or organization....
were name in the original complaint but were voluntarily dismissed by plaintiffs at the pre-trial conference on October 1, 1981.
Background
Various state laws prohibiting teaching of evolution had been introduced in the 1920s. They were challenged in 1968 at Epperson v. ArkansasEpperson v. Arkansas
Epperson v. Arkansas, 393 U.S. 97 , was a United States Supreme Court case that invalidated an Arkansas statute that prohibited the teaching of human evolution in the public schools...
which ruled that "The law's effort was confined to an attempt to blot out a particular theory because of its supposed conflict with the Biblical account
Creation according to Genesis
The Genesis creation narrative describes the divine creation of the world including the first man and woman...
, literally read. Plainly, the law is contrary to the mandate of the First, and in violation of the Fourteenth Amendment to the Constitution." The creationist movement turned to promoting teaching creationism in school science classes as equal to evolutionary theory.
Arkansas Act 590
In 1981 Arkansas Act 590 mandated that "creation science" be given equal time in public schools with evolution. Creation science was defined as follows:"Creation science means the scientific evidences for creation and inferences from those evidences. Creation science includes the scientific evidences and related inferences that indicate:
-
- Sudden creation of the universe, energy and life from nothingEx nihiloEx nihilo is a Latin phrase meaning "out of nothing". It often appears in conjunction with the concept of creation, as in creatio ex nihilo, meaning "creation out of nothing"—chiefly in philosophical or theological contexts, but also occurs in other fields.In theology, the common phrase creatio ex...
. - The insufficiency of mutationMutationIn molecular biology and genetics, mutations are changes in a genomic sequence: the DNA sequence of a cell's genome or the DNA or RNA sequence of a virus. They can be defined as sudden and spontaneous changes in the cell. Mutations are caused by radiation, viruses, transposons and mutagenic...
and natural selectionNatural selectionNatural selection is the nonrandom process by which biologic traits become either more or less common in a population as a function of differential reproduction of their bearers. It is a key mechanism of evolution....
in bringing about development of all living kinds from a single organismCommon descentIn evolutionary biology, a group of organisms share common descent if they have a common ancestor. There is strong quantitative support for the theory that all living organisms on Earth are descended from a common ancestor....
. - Changes only with fixed limits of originally created kinds of plants and animals.
- Separate ancestry for man and apes.
- Explanation of the earth's geology by catastrophism, including the occurrence of worldwide flood.
- A relatively recent inceptionYoung Earth creationismYoung Earth creationism is the religious belief that Heavens, Earth, and all life on Earth were created by direct acts of the Abrahamic God during a relatively short period, sometime between 5,700 and 10,000 years ago...
of the earth and living kinds."
- Sudden creation of the universe, energy and life from nothing
McLean v. Arkansas ruling
Judge William OvertonWilliam Overton (judge)
William Ray Overton was a judge on the U.S. District Court for the Eastern District of Arkansas.Overton was born in Malvern, Arkansas. He received a B.S./B.A. from the University of Arkansas in 1961, and an LL.B. from the University of Arkansas School of Law in 1964...
's ruling handed down on January 5, 1982, concluded that "creation-science" as defined in Arkansas Act 590 "is simply not science". The judgment defined the essential characteristics of science as being:
-
- It is guided by natural lawNatural lawNatural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
; - It has to be explanatory by reference to natural law;
- It is testable against the empirical world;
- Its conclusions are tentative, i.e. are not necessarily the final word; and
- It is falsifiableFalsifiabilityFalsifiability or refutability of an assertion, hypothesis or theory is the logical possibility that it can be contradicted by an observation or the outcome of a physical experiment...
.
- It is guided by natural law
Overton found that "creation science" failed to meet these essential characteristics for the following reasons:
-
- Sudden creation "from nothing" is not science because it depends upon a supernatural intervention which is not guided by natural law, is not explanatory by reference to natural law, is not testable and is not falsifiable.
- "insufficiency of mutation and natural selection" is an incomplete negative generalization.
- "changes only within fixed limits of originally created kinds" fails as there is no scientific definition of "kinds", the assertion appears to be an effort to establish outer limits of changes within species but there is no scientific explanation for these limits which is guided by natural law and the limitations, whatever they are, cannot be explained by natural law.
- "separate ancestry of man and apes" is a bald assertion which explains nothing and refers to no scientific fact or theory.
- Catastrophism and any kind of Genesis Flood depend upon supernatural intervention, and cannot be explained by natural law.
- "Relatively recent inception" has no scientific meaning, is not the product of natural law; not explainable by natural law; nor is it tentative.
- No recognized scientific journalScientific journalIn academic publishing, a scientific journal is a periodical publication intended to further the progress of science, usually by reporting new research. There are thousands of scientific journals in publication, and many more have been published at various points in the past...
has published an article espousing the creation science theory as described in the Act, and though some witnesses suggested that the scientific community was "close-minded" and so had not accepted the arguments, no witness produced a scientific article for which publication has been refused, and suggestions of censorship were not credible. - A scientific theory must be tentative and always subject to revision or abandonment in light of facts that are inconsistent with, or falsify, the theory. A theory that is by its own terms dogmatic, absolutist, and never subject to revision is not a scientific theory.
- While anybody is free to approach a scientific inquiry in any fashion they choose, they cannot properly describe the methodologyMethodologyMethodology is generally a guideline for solving a problem, with specificcomponents such as phases, tasks, methods, techniques and tools . It can be defined also as follows:...
as scientific, if they start with the conclusion and refuse to change it regardless of the evidence developed during the course of the investigation. The creationists' methods do not take data, weigh it against the opposing scientific data, and thereafter reach the conclusions stated in [the Act] Instead, they take the literal wording of the Book of Genesis and attempt to find scientific support for it.
The Act took a two-model approach to teaching identical to the approach put forward by the Institute for Creation Research
Institute for Creation Research
The Institute for Creation Research is a Christian institution in Dallas, Texas that specializes in education, research, and media promotion of Creation Science and Biblical creationism. The ICR adopts the Bible as an inerrant and literal documentary of scientific and historical fact as well as...
, which assumes only two explanations for the origins of life and existence of man, plants and animals: it was either the work of a creator or it was not. Creationists take this to mean that all scientific evidence which fails to support the theory of evolution is necessarily scientific evidence in support of creationism. The judgment found this to be simply a contrived dualism which has no scientific factual basis or legitimate educational purpose.
The judge concluded that "the Act was passed with the specific purpose by the General Assembly of advancing religion," and that it violated the First Amendment's Establishment Clause.
See also
- Scopes TrialScopes TrialThe 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...
- 1925 - Epperson v. ArkansasEpperson v. ArkansasEpperson v. Arkansas, 393 U.S. 97 , was a United States Supreme Court case that invalidated an Arkansas statute that prohibited the teaching of human evolution in the public schools...
- 1968 - 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 - 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 - Creation and evolution in public educationCreation and evolution in public educationThe status of creation and evolution in public education has been the subject of substantial debate in legal, political, and religious circles...
- Michael RuseMichael RuseMichael Ruse is a philosopher of biology at Florida State University, and is well known for his work on the creationism/evolution controversy and the demarcation problem in science...
External links
- Memorandum Opinion
- McLean v Arkansas Documentation Project -- although much of the transcript of the case was lost, including evidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
from Francisco AyalaFrancisco J. AyalaFrancisco José Ayala Pereda is a Spanish-American biologist and philosopher at the University of California, Irvine. He is a former Dominican priest, ordained in 1960, but left the priesthood that same year. After graduating from the University of Salamanca, he moved to the US in 1961 to study for...
, this project seeks to preserve and disseminate copies of surviving transcripts. - Additional Copy of Transcripts -- another site providing a copy of the surviving portions of the trasncript, including 71 additional pages (Part 1, Part 2) not available on the other site.
- Ten Major Court Cases about Evolution and Creationism
- Encyclopedia of Arkansas History and Culture entry on McLean v. Arkansas Board of Education