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Secondin a Series Creationismin the United State II. The Aftermath of the Scopes Trial Randy Moore

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Figure 1. This front-page headline in the 23 issue of The Dayton Heraldannounced that John Scopes had been convicted of teaching human . The events and legend of Scopes' trial have influenced all subsequent aspects of the / evolution controversy.

May the son of send you one word of warm Thestate of Tennesseedoesn't rule the world yet.-Clarence Dar- encouragement.To state that which is true cannot be irreligious.- row, 17 July 1925. (Day 6 of the Scopes Trial) LeonardDarwin, in a letter to John Scopes, 1925

T HE Scopestrial, which was startedfor economic The Daytontrial is the beginningof a great battlebetween reasons and fostered for political ones, ended infidelity and Christianity ... This is the controversy of the age. abruptly on 21 July 1925 with the conviction of John Scopes (see Figure 1 above). On the day Others also issued statements. after the verdict, The Dayton Herald() ran. announced that (de Camp 1968): a simple headline:"Jury Retums Verdict of 'Guilty' in ... I rejoicethat the followersof our Lord and Saviour Scopes Case." The accompanying story summarized Jesus Christare at last awakenedto the insidiousattacks many of the events associated with the trial, which whichhave been made, under cover of a scientifichypothesis, it described as "a world-watched, nation-wide upon the authorityof the by unbelieversof every drama"that was "the bitterestlegal battle ever waged grade and class ... [Darrow] is the finished product of evolution- the most perfectthat has yet developedin the in the United States."'lAs Scopes helped visitors leave UnitedStates. He embodiesall that is cruel,heartless, and Dayton, legislator-tumed-corespondent John Butler destructivein evolution. (who had written the anti-evolutionstatute for which Scopes was convicted) reported that (de Camp 1968): And in a harsh anti-evolutionarysermon, Ben McKen- zie (the oldest of the prosecution lawyers) pro- 'During and after the trial, activists on both sides of the contro- claimed that: versy tried to exploit the public's interest in the issues. On the front page below the article accompanyingthe headline was an ad titled "Out of the Valley of the Forgotten"that announced a "new book on evolution of the human race." Inside the paper Randy Moore is Professorof Biology in the College of Arts& was "a call to arms" for "all men and boys ... who are not now Sciences, Universityof Louisville,Louisville, KY 40292; e-mail: attending any Sunday school ... to meet and [learn] more of [email protected]. God's word."

568 THEAMERICAN BIOLOGY TEACHER, VOLUME 60, NO. 8, OCTOBER1998 The modern-dayevolutionist is an atheist,and if he is not $50,000 to lecture about evolution from a Vaudeville an atheisthe is an agnostic. stage; see Scopes 1989).As Scopes said 39 years after People everywhere began trying to decide who the trial (Tompkins 1965; Scopes & Presley 1967): "won" the trial (Scopes & Presley 1967). An Okla- Leastof all did I want to makea quickdollar out of my homa newspaper proclaimed that (Ginger 1958): experience;I had too much respectfor the issues involved in the trial ... I knew that none of these offers . .. could Mr. Bryan came out more than victorious.He made a give me two things I wanted above all else: peace and monkeyout of the defensecounsel and left themgasping. emotionalstability ... I couldnot live happilyin a spotlight. Others declared Bryan a hero, claiming that he had Within a year after the trial, Scopes was again sur- saved the children of Tennessee from the teaching rounded by anonymity; he would never again be of evolution (see discussion in Larson1997). However, significantlyinvolved in the issues that stormed about many disagreed; for example, him during the summer of 1925 (Tompkins 1965). described William Jennings Bryan's performance as However, Scopes' trial would continue to influence "absurdly pathetic," and others declared that "Dar- the evolution/ creationism controversy. row's manhandlingof Bryanhad a shatteringimpact"

(Ginger 1958). The Gazette reported that: Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 Bryan'sResponse to Darrow For the state of Tennessee,the Scopes trial has been a moral disaster. It will plague the citizen of Tennessee Darrow's questioning of Bryan at the Scopes trial whereverhe may go. was based on the assurance that Bryan would have H.L. Mencken (1925) wrote that: the same opportunity to question Darrow, Malone and Hays. However, local officials told Judge Raul- On theone side was bigotry,ignorance, hatred, superstition, ston that they could not guarantee Darrow's safety every sort of blacknessthat the human mind is capable of. On the other side was sense. And sense achieveda (Bryan 1925). This, combined with Darrow's request great victory. that Scopes be convicted (to provide the basis for an appeal to higher court),resulted in Judge Raulston As both sides claimed victory, editors of newspapers changing the course of the trial:he expunged Bryan's suchas TheNew YorkTimes, The New YorkEvening Post testimony from the trial's record and canceled the and Chicago Tribune predicted that the creationism/ plan for Bryan to question Darrow. The abrupt end evolution controversy would continue unabated of the trial (i.e., before Bryan could question Darrow) (Ended at last, 1925; As expected, Bryan wins, 1925; deprived Bryan of making his much-anticipatedclos- Dayton's "amazing" trial, 1925). They were all right. ing remarks to the court. Journalists and others at After the trial, the Rhea County School Board the trial were so interested in Bryan's remarks that offered to renew Scopes' contract for a year if he Bryan promised to prepare them for publication. would adhere "to the spirit of the evolution law" On the Thursday after the trial, Bryan suggested (Ginger 1958). Scopes rejectedthe offer and left town that his supportersestablish a college for young men to ponder his future.2Soon thereafterhe accepted a on one of the hills surroundingDayton. Bryan-who scholarship (offered by scientists and reporters who had greatly disappointed many fundamentaliststhree attended the trial) to attend graduate school at the days earlier when he took the witness chair as a in September of 1925, and "Bible expert" (Moore 1998a)4-pledged $50,000 for spent the rest of his life as a geologist who only the college and committed himself to raise the rest occasionally spoke in public about his trial (e.g., at of the money necessary to establish the college. For the 1960 world premiereof Inherit the Wind in Dayton, most of that Thursday, Bryan evaluated sites for the where he was given a parade and a key to the city; college that he had proposed.5Two days later, Bryan see Cornelius 1991).3In doing so, Scopes passed up spoke at the county fair in Winchester,TN, thereby many lucrative offers to cash in on his fame (e.g., fulfilling a promise to Attorney GeneralTom Stewart a New York agent offered Scopes $2,000 per week (who later became a U.S. Senator).When he returned to appear in Tarzan movies, and another offered him denounced Scopes as "the devil," and Scopes noted that teachers 2Not surprisingly,Scopes' successor (Raleigh Reece, a reporter were still required to sign a pledge that they would not teach from Nashville) was a strictfundamentalist (de Camp 1968;Ginger evolution (Scopes & Presley 1967). In 1972, Dayton hosted the 1958). , who kept in touch with Scopes after world-premiereof The Darwin Adventure, a British-madefilm about the trial,noted with great amusementthat when Scopes' successor Charles Darwin's voyage aboard the H.M.S. Beagle. Francis W. missed the first week of classes in the Fall of 1925, his substitute Darwin (CharlesDarwin's great-grandson)was a special guest at was Darius Darwin (Scopes 1989). that premiere (Mercer1978; Cornelius 1991). 3Scopes' application for a fellowship was rejected because of 4Accordingto one writer, "As a man and a legend, Bryan was Scopes' godlessness (de Camp 1968). When Scopes returned to destroyed by his testimony that day." Jerry Falwell noted that Dayton for the premiereof Inheritthe Wind,"Scopes Sodas" were Bryan "lost the respect of Fundamentalistswhen he subscribed again priced at 15 cents, just as they were during the trial (Scopes to the idea of periods of time for creation rather than twenty- 1989; for more about Inherit the Wind, see Moore 1998a and four-hour days" (Falwell 1981). referencestherein). During Scopes'visit to Dayton, a local preacher 5Mostof the initial meeting to plan the university was devoted

CREATIONISMIN THEU.S., PART11 569 to Chattanooga,Bryan visited a doctor, who warned Thepublic holds you personallyresponsible for endingthe him of diabetes and a heart condition, and recom- life of WilliamJennings Bryan. Mark my word,you are next. God will not permit[you] to live. mended that he rest for a few days. In Chattanooga, Bryanalso correctedproofs of his 15,000-wordspeech, Not surprisingly, anti-evolutionists made Bryan a which he hoped would ensure support for an anti- martyr. Fundamentalistscompared Bryan to Christ, evolution amendment to the U.S. Constitution,6and and Scopes' defense team to King Herod, Pontius maybe even lead to the formation of a new political Pilate, and other biblical villains (see discussion in party that would revive his faded hopes for the de Camp 1968).Governor Peay proclaimedthat Bryan presidency. That speech, which suggested that evolu- had died "a martyr to the faith of our fathers" tion would cause students to commit murder, and announced a state holiday to commemoratethe included several indictments that stressed familiar funeral (Scopes & Presley 1967; Peay 1929). Bryan's themes: funeral was a national event; thousands filed by his open coffin in Dayton. Elsewhere, shops closed and The majority ... is trying to protect itself from ... an flags flew at half-mast before his burial in Arlington insolentminority [trying] to force irreligionupon the chil- National Cemetery under a small inscription saying dren under the guise of teaching science. . . Christians ... that "He Kept the Faith." America's political elite Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 opposethe teachingof [evolution]that encouragesgodless- attended the burial, and even Bryan's foes praised ness amongthe students... Evolutionis not truth... There is no morereason to believethat man descendedfrom some his passion and integrity (Larson1997). Many people inferioranimal than there is to believethat a statelymansion wrote "Scopes songs" that lionized Bryan, and the has descendedfrom a small cottage ... The law is a very New York Herald Tribune wrote that: the an conservativestatement of people'sopposition to anti- He tried to do the right thing as he saw it. His passing Biblical hypothesis ... What shall we say of... those who will be a profoundshock to millionswho, howeveroften he ... put a man with an immortal soul in the same circle misledthem, looked upon him as theirprophet and counselor. with the wolf, the hyena and the skunk? ... Evolution ... is also creatingdoubt as to a heavenat the end of life ... On 28 July 1925, while Bryan'sbody still lay in state Evolution ... disputes the truth of the Bible account of in Dayton, Bryan's "Last Message" was given to the man's creationand shakesfaith in the Bibleas the Word press (those remarks,which were covered by a face- of God... sized picture of Bryan,were originally titled Fighting On Sunday morning, Bryan drove to Dayton, where to Death for the Bible; see Bryan 1925). Although he made his last public appearancewhile leading a there was relatively little interest in Bryan's remarks prayer at the First Southern Methodist Church. That (Scopes & Presley 1967), Bryan emphasized familiar themes (e.g., that Christians have a right to control aftemoon, the 65-year-old Bryan did the most effec- the public schools, that the Bible is true, that science tive thing possible to rally his fundamentalistsupport- breeds atheism). Bryan repeated his claim that evolu- ers: he died in his sleep, just a few blocks from the tion is a "bloody, brutal doctrine," adding that (de . Camp 1968): Many people blamed Scopes for Bryan's death (Scopes 1989). According to this man from North Evolutionis not the truth; it is merelya hypothesis... it is millions Carolina: of guesses strung together. Appealing Scopes' Verdict to denouncing Darrow. After gathering pledges of almost For six months after the the fate of $1,000,000(over half of which was erased by the GreatDepression) verdict, Scopes' and a donation of 81 acres by the dtizens of Dayton, ground for conviction was plagued by confusion, missed dead- William Jennings Bryan University (later abbreviated to Bryan lines, and conflict.7Tennessee's newly elected Attor- College) was broken on 5 November 1926 by Governor Peay ney General, Frank M. was before a crowd of more than 10,000onlookers (Traylor1990). The Thompson, responsible college opened in 1930 in the old high school building where John Scopes had supposedly taught evolution. Tobaccoand liquor were banned, and applicantsfor admission had to take a loyalty 7The ACLU-which had entered the trial to help publicize the oath to biblical literalism (Ginger 1958). Today, Bryan College is facts of the controversy-spent $8,993.01on the Scopes case, most a 100-acre,nonsectarian, independent, coeducationalliberal arts of which went to expert witnesses. Scopes' bill for court-costs college that enrolls about 700 students committed to Biblical totaled $343.87, all of which was paid by the ACLU (Scopes & Christianityand "ChristAbove All." A variety of roads, schools, Presley 1967). Darrow and other attomeys worked without pay and other public facilities throughout the U.S. are named after and paid all of their expenses (Darrow, who had spent about Bryan (Cornelius 1997). Although the Liberal Church of Denver $2,000 of his own money for the trial, told the ACLU that "I conferredthe rankof Bishop on Scopes and Rappleyea,Rappleyea's don't want you to think about my expenses. I could afford it plans to create a liberal college to offset the plans for William and I never got more for my money"; de Camp 1968).The ACLU Jennings Bryan University never materialized(de Camp 1968). didn't pay off its Scopes-relateddebts until 1926, thanks to a plea 6Beforethe Scopes trial, two congressmen (William Taylor of to members of the AmericanAssociation for the Advancementof Tennesseeand W.D. Upshaw of Georgia)talked about introducing Science; that mailing tumed the deficit into a surplus of more a nationalanti-evolution bill. However,both later decided that such than $2,000 (de Camp 1968). If churchgoers and lawyers were restrictionswere best handled at the local level (de Camp 1968). upset by Darrow'stactics, many scientistswere not (Ginger1958).

570 THEAMERICAN BIOLOGY TEACHER, VOLUME 60, NO. 8, OCTOBER1998 Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 ing any of Raulston's rulings during the original trial invoking the majoritarianismlegacy of William Jen- (e.g., his rulings about expert testimony, opening nings Bryan-reminded the SupremeCourt justices of court with prayer, etc.). The only option remaining the popularityof life-after-deathamong Tennesseeans for the defense was to challenge the validity of the and that evolution undermined their faith. He then Butler Law (Larson1997). All of Arthur Hays' stand- closed by asking: ing to say "exception" during the Scopes trial now meant nothing. Wouldnot the state of Tennesseebe committinga tragedy ... if it did not interveneto preventthe teachingin her The appeal hearing of Scopes' conviction began public schoolsof a dogmaconceded to destroythe minds on 31 May 1926. Scopes, who was spending the of the people,whether it is right or wrong? summer working for the Illinois geological survey, did not return to Tennessee for the hearing (Ginger Darrow's response linked science with progress and 1958).Nevertheless, the courtroomwas packed (Tomp- stressed that religion should be a personal issue. kins 1965). The continuing defense team of Darrow, Darrow also reminded the court that (Larson 1997; Malone, Hays and McElwee was joined by Frank Hutchinson 1926): Spurlockof Chattanooga,Robert Keebler of Memphis, The future of America'spublic school system and the Walter Pollack, and Samuel Rosensohn of the ACLU completeeducation of her childrencan be safeguardedonly Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 (Cornelius 1991; Ginger 1958). The state was repre- by wiping this law off the statute books ... The schools sented by E.T. Seay, K.T. McConnico and William of this state were not establishedto teach religion.They Jennings Bryan, Jr. (who mailed his argument about were establishedto teachscience. the police power of the state to control education; Darrow concluded his hour-longpresentation to great see Cornelius1991). With Butlerand Rappleyeasitting applause as he said: on the front row, the hearing began with the state stressing Darrow's , the ACLU's radical- We are once morefighting the old question,which after ism, and Darrow's treatment of Bryan during the all is nothingbut a questionof intellectualfreedom of man. trial. The state argued that the legislature had tried The hearing was formal and ratherboring; the Chatta- to preserve the Bible for all faiths (not just fundamen- nooga Times described it as "a flop of a news story talists) and cited William Jennings Bryan's undeliv- compared with the trial." The hearing ended not ered "Last Message" (Bryan 1925; Ginger 1958). The with a dramatic verdict, but with the court taking defense responded with the only argument it had; arguments under advisement. namely, that the Butler Law was unconstitutional During the seven months that followed the because it unreasonablyrestricted the liberty of teach- hearing, both sides were ers and students by establishinga preferencein public optimistic of victory. The ACLU continued to the schools for a particular religion (de Camp 1968; pursue case, during which time it Larson 1997). Darrow chided the fundamentalists: became resolute about eliminating Darrow, Malone and Hays from the defense team. Darrow refused Withflaming bannersand beatingdrums, we marchback to step aside, and Scopes later said that he would to the gloriousages of medievalism. have stuck with Darrow. But it was all moot. The defense pleaded for "freedom of education" and On 15 January1927 the Tennessee Supreme Court noted that the teaching of evolution would not cause announced its split decision. Three judges-a bare students to lose faith in God. The TennesseeAcademy majority-upheld the Butler Law as constitutional of Sciences added that the Butler Law would have because 1) it did not infringe on Scopes' individual dire consequences for science education (Supreme liberties, and 2) it required the teaching of nothing court hears Scopes case, 1926). The state's rebuttal and therefore did not give preferenceto any religion gave the law a secular purpose; Darrow's earlier (JohnThomas Scopes v. The State of Tennessee,154 Tenn. defenses of murderers and Communists were used [1 Smith] 105, 289 S.W. 363 [1927]). However, the to link the acceptanceof evolution with the acceptance court reversed Scopes' conviction on a technicality; of murder and communism.9The state then equated fines greater than $50 were to be set by the jury, the ACLU'sinterest in the case with a pro-Communist not the judge. The question of who should impose agenda, after which the defense argued that the the fine had been discussed at the original trial, but Butler Law promoted fundamentalismand that there both sides agreed not to raise the issue on appeal is no conflict between the acceptance of evolution [Raulston had given the jury the chance to set a and man's divine origin (see discussion in Larson higher fine, but he established the $100 fine that 1997).The gallery cheered when the state's attorney- Scopes received (Ginger 1958; Moore 1998a)]. The Supreme Court justices ruled that the Scopes case was subject to a retrial,but added that since Scopes 9Darrow had gained fame by defending socialist Eugene V. Debs and more than 100 accused murderers,including Leopold was no longer employed by the state (Trialtranscript and Loeb (Comelius 1990). 1925; Cornelius 1991),

572 THEAMERICAN BIOLOGY TEACHER, VOLUME 60, NO. 8, OCTOBER1998 We see nothingto be gainedby prolongingthe life of this events occurred elsewhere. Law or no law, many bizarre case ... On the contrary, we think the peace and teachers in the South were forbidden from teaching dignity of the state ... would be better conserved by the entryof a nolleprosequi herein. Such a courseis suggested evolution. Most others simply ignored the topic. to the AttorneyGeneral. Although Scopes knew that his defense had "all of the facts, logic and justice," he also knew that Tennessee's new attorney general-without com- "these weapons are often ineffectivein a battle against ment-complied, thereby leaving the ACLU with no bigotry and prejudice" (Scopes 1965). He was right. conviction to appeal and closing Darrow's hoped- Religious groups-especially the - for route to the U.S. Supreme Court (de Camp 1958). denounced Scopes and evolution as "Christless," None of the original principals in the Scopes trial proclaimed that "every ... evolutionist ... is an was present for the announcement of the decision. agnostic, infidel, or atheist," labeled the ACLU as Three days after the Tennessee Supreme Court "a diminutive aggregation of atheistic asses," and decision, Darrow-who Attomey General Stewart emphasized "the choice between Christ and Darwin" said was "the greatestmenace present-daycivilization (The Scopes trial, 1925). Indeed, a resolution adopted has to deal with" and had to be suppressed to by the 1926 Southern Baptist Convention in Houston prevent "more evil" (de Camp 1968; Ginger 1958)- repudiated (Ginger 1958) sent an optimistic letter to Scopes. Pushing for a Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 new appeal, Darrow told Scopes that (Scopes 1989): ... as unscripturaland scientificallyfalse every claim of evolutionthat declaredor impliesthat man evolvedto his I am prettywell satisfiedthat the law is deadbut we want presentstate from some lower orderof life. to makesure, possible. if The Moody Bible Institute Monthly declared evolution Darrow's hopes were soon dashed; all motions for to be "propagandaof the Devil" and urged readers to a new hearing were rejected (the Butler Law would "boycott every school" that taught evolution (Nelson remain on the books for more than 40 more years). The most famous misdemeanor case in American 11A year later, Rappleyea visited with hopes of history was over. There would be no more serious starting another test case. No one was willing to test the law (de attempts to enforce the ButlerLaw during the remain- Camp 1968). ing four decades of its existence.

The Aftermath of the Scopes Trial Before the Scopes trial, William Jennings Bryan ANNOUNCING told reporters that (Cross 1925): It is not the decisionbut the discussionwhich will follow that I considerimportant. It will bring the issue beforethe attentionof the world. Two days after the verdict-speaking at the request of Will Rogers from the stage of New York's Ziegfeld Follies- described Scopes' con- viction as a "victorious defeat" that would ensure that "future generationswill know the truth" (Scopes 1961;Ginger 1958). However, it was Bryan who was prophetic, for after the trial, the Scopes trial became infamous'0and the creationism/anti-evolutionmove- ment became increasingly powerful. For example, in Mississippi (which would soon pass its own version HIGH SCHOOLBIOLOGY of Tennessee's Butler Law), a school superintendent LAB CURRICULUM sponsored a bonfire of pages about evolution torn * TEXT * TEACHER'S MANUAL from biology textbooks (de Camp 1969).11 Similar * INSTRUCTIONAL VIDEO TAPES * INTERNET ACTIVITIES TEXT CONTACT:HEALTH-SCIENCE, INC. "0Afterthe trial, Scopes received two washtubs full of mail per day; mail from all over the world (and in virtually every language) 5500 PrytaniaSt., Ste. 213 offeredcondemnation, salvation, and proposals for marriage.Mail New Orleans, LA 70115 filled entire rooms of the house where Scopes was living in Fax: 504-522-5132 Dayton. Scopes and his friends piled the mail in a vacant lot and starteda bonfire (Scopes & Presley 1967).Forty years later, Scopes Email: [email protected] was still receiving an average of one letter per day about his trial www.healthscience.net (Susan Epperson,personal communication).

CREATIONISMIN THEU.S., PART11 573 1925). Repeated referencesto the Scopes trial spurred Mississippi's anti-evolution statute, but there were sales of the stenographic record of the trial-aptly no volunteers."7 titled The World'sMost FamousCourt Trial (published There were victories for the anti-evolutionists in one month after the verdict)-to almost 20,000 copies 1926-27 at places such as Baylor University and (at $2 each) in less than a year (Cornelius 1990).12 Baptist University. However, anti-evolu- Darrow-who accepted only two more cases after tion activists also suffered some defeats. For example, the Scopes trial"3-predictedthat young people would the Education Association of Southern Methodists soon repeal Tennessee's Butler Law, but he was opposed "all legislation that would interfere with wrong. After Scopes' trial, the constitutionalityof the the proper teaching of science in American schools Butler Law was upheld by the Tennessee Supreme and colleges," and one anti-evolution bill was met Court. The ACLU looked for another volunteer to by a companion bill requiring all water in the state challenge the Butler Law after Scopes' case reached to run uphill (Ginger 1958). In Missouri, a facetious a dead end, but "nobody was willing to make the legislator proposed that the penalty for violating a sacrifice" (Larson 1989).14By 1932, the ACLU gave proposed anti-evolutionstatute be imprisonment"for up. In fact, once in place, no southern anti-evolution not less than thirty days nor more than forty nights

law was repealed for more than 40 years (Larson in the St. Louis Zoo," and another proposed that Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 1997).15 No other lawsuits to revoke anti-evolution the bill apply only to areas whose citizens believed were filed until Susan Epperson of Arkansas chal- that "the earth is flat, that the sun travels around lenged the ban on evolution in 1965 (see Moore the earth, and that the storms of the sea are caused 1998b). by the fury of the monsters of the deep." Despite this Soon after Scopes' trial, the fundamentalistgover- sarcasm, these anti-evolution efforts were narrowly nor of Mississippi predicted that his state would defeated (Ginger 1958). "follow the lead of Tennessee and bar the teaching Although the front page of the 27 July 1925Knoxville of evolution in the schools." Supporters of anti- News had lamented William Jennings Bryan's death evolution legislation warned that evolution would with a headline claiming that there was "no one left undermine the state and Christianity, and claimed to champion Bryan's causes," a variety of groups that 90% of Mississippians supported the legislation; (e.g., the Bryan Bible League, the Defenders of the one prominent supporter claimed that it was better ChristianFaith, and the )soon picked up to have the leadership of one Christianmother than the fundamentalists'creationist mantle.18 For example, all the scientists in the world (Larson 1989). When The short-lived Supreme Kingdom was formed in the legislature reconvened, the govemor's prediction January, 1926 in Atlanta, GA by Edgar Young came true, as it also did in Arkansas.16The ACLU Clark, a shady fundamentalistwith a lurid past repeatedly offered to support a teacher to challenge and an impressive arrest-record.Clark, who had been successful as the membership director of "2TheWorld's Most FamousCourt Trial was originally produced the Ku Klux Klan, hired 's business at God's Bible School in Cincinnati,OH. "3Afterthe Scopes trial, Darrow defended 12 African-Americans manager to promote his anti-evolution cause. in Detroit who had allegedly committedmurder while defending John Raulston, the presiding judge at the Scopes their home against a white mob (Ginger 1958). trial, lectured for the Supreme Kingdom (de 14Despite repeated attempts to overturn the Butler Law, the statute remained on the books (and unenforced) until it was Camp 1968).After importingJohn Roach Straton'9 repealed in 1967, following a debate in which a monkey was from New York to give 60 lectures about evolu- brought to the Tennessee House of Representatives(Tennessee tion (for the selfless fee of $30,000),the Kingdom House votes to repeal anti-evolutionlaw, 1967). As the monkey watched from the well of the House, only two representatives disintegrated amidst a financial scandal. defended the law (Larson1989), and the repeal bill passed by a The Anti-Evolution League of America was pre- vote of 58-27. In the Tennessee Senate, Senator Ernest Crouch sided over by William Jennings Bryan, Jr., who (who opposed repeal) read a letter from a soldier in Vietnam whose life, he claimed, had been saved by a Bible he carried in a pocket struck by a bullet (de Camp 1968). The vote initially tied 16-16, meaning that the bill failed. The Senate then amended "7Duringa heated debate in the MississippiSenate, an opponent the existing law to forbid the teaching of evolution "as a fact" of the anti-evolutionlaw proposed an amendment to make the (the House voted to table this motion). On a second try, the penalty "death by burning at the stake, it being the spirit of this repeal bill passed the Tennessee Senate by a vote of 20-13. On bill to restore the Spanish Inquisition" (de Camp 1968). The 18 May 1967, Governor Buford Ellington signed the repeal bill amendment failed, but the law passed by a vote of 29-16. The into law, thereby ending the Butler Era (de Camp 1968). Mississippi statute, which later became the last surviving anti- "5Fora discussion of the heritage of the Scopes trial and its evolution law, was not declared unconstitutionaluntil 21 Decem- players, see Ginger (1958), Marsden (1980), Cornelius (1991) and ber 1970. Larson (1997). "8Formore information about the links between creationism 16Representatives of student groups in Arkansasdenounced the and racism,see http:I/talkorigins.orglfaqslracism.html#trottand http:/I bill, claiming that they "did not want to be laughed at, as are talkorigins.orglfaqs/racism.html#lippard. the graduates of the University of Tennessee, and practically 19Straton,who announced his candidacy for Bryan's role, chal- boycotted by larger university and medical schools when we seek lenged Darrow and Malone to debates, but was rudely rebuffed to pursue our education further"(Ginger 1958). (de Camp 1968).

574 THEAMERICAN BIOLOGY TEACHER, VOLUME 60, NO. 8, OCTOBER1998 sought to carry on his father's work. However, misnamed ResearchScience Bureau and the American Junior lacked his father's skills, and soon settled Science Foundation declined. Oklahoma, which had into an undistinguished law practice (de repealed its anti-evolution law in 1925, defeated Camp 1968). another anti-evolutionbill in 1927. Similar legislation The Bible Crusaders of America was formed in in Florida, Delaware, Maine, and elsewhere failed in Florida in November, 1925 by George F. Wash- 1927 as fundamentalists redirected their attacks to burn, who declared that God had appointed Jews, Catholics,and the evils of booze (Ginger1958).21 him to succeed Bryan. Washburn, who enlisted During the next few decades, creationistschanged; virtually all of the leading anti-evolutionists of whereas creationistsat the Scopes trial were "ballyhoo the day (including and Wil- artists ... preachers ... revivalists of all shapes and liam Bell Riley), made apocalyptic speeches in sects and ... holy rollers" (Hays 1957; Nelkin 1982), which he claimed that "the great battle of the more contemporary creationists began using more age is now on between Christianity and evolu- sophisticatedarguments to claim that there is credible tion" (de Camp 1968). The Crusaders'campaign scientific evidence to prove the biblical story of cre- director was wild-eyed evangelist T.T. Martin, ation. By the 1950s, fundamentalists had become a world-class religious huckster.20 more politically active about the perceived loss of traditional values and growing secularism in the Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 By 1927, the fanaticism for anti-evolution laws United States. By the 1960s and 1970s, creationists began to fade. Anti-evolution groups such as the organized groups such as the CreationResearch Soci- IODuringScopes' trial, Martin had set up a booth near the ety to promote their beliefs and legislation.22This courthouseto sell his book titled Hell and the High Schools:Christ or Evolution-Which? (Martin1923). However, realizingthat money could also be made with the evolutionists, Martin later invented 21Arelic of the anti-evolutioncrusade was the passage of laws a pen-name and wrote "Why Evolution Should Be Taught in Our in many states requiring Bible reading in public schools. Those Schools Instead of the Book of Genesis" (his concealed identity laws remained in effect for decades until the U.S. Supreme Court was later revealed).In early 1926, Martinspoke to the Mississippi ruled them all unconstitutional. legislature in support of their anti-evolutionstatute. Local papers 22The Creation Research Society (http://www.iclnet.orglpub/ credited the passage of the bill to Martin (Ginger 1958). resources/text/crs/crs-home.html)produces and distributes booklets

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CREATIONISMIN THEU.S., PART11 575 movement emphasized a literal interpretationof the endorse its book (Grabiner & Miller 1974; Larson Bible and the Book of Genesis as the only source of 1997). The anti-evolutionists had won. knowledge about origins. In the decades that followed, evolution slowly reappearedin biology textbooks (religious quotations TheInfluence of the Scopes Trialon also appeared in many biology textbooks;see Grabi- Biology Textbooks ner & Miller 1974).24However, the best-selling text- books downplayed or ignored evolution. Pro-evolu- After the Scopes trial, textbook publishers and tion books did not sell well, and the best-selling school boards throughout the country became reluc- biology textbook (Baker and Mills' Dynamic Biology) tant to deal with evolution. The amount of evolution did not include the word evolution. Indeed, that taught in public schools decreased dramatically(Lar- book even included an attack on evolution, likening son 1989), and virtually all publishers removed Dar- Darwin's ideas with Lamarck'sand noting that Dar- win's ideas about evolution as the unifying theme win's theory was "no longer generally accepted" of life from their biology books (Grabiner& Miller (Grabiner& Miller 1974). That attack on Darwin was 1974) (Moore 1998c). Within a few months after the followed by a tribute to God (Moore 1998c).

Scopes' trial, Texas Governor Miriam Ferguson-the By the late 1950s many legislators worried that Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 first female governor in the South- ordered her the scientificand technologicalprowess of the United state's textbook commission to delete the theory of States had fallen behind that of the Soviet Union.25In evolution from its high school biology books (for 1958, President Eisenhower requested (and Congress years, this ban forced publishers to produce special, passed) the National Defense Education Act, which sanitized books for use in Texas).23The following encouraged the National Science Foundation to fund year, the LouisianaSuperintendent of Educationtook and develop state-of-the-artscience textbooks (ironi- a similar step. Tennessee abandoned George Hunter's cally, the National Defense Education Act would be popular textbook (i.e., the textbook that Scopes used used 18 years later in an attempt to ban the teaching in Dayton) soon after Scopes was indicted. The pub- of evolution in public schools; see Moore 1998b). lisher of Hunter's textbook gave it a new title (New The most important collaborationto result from this ,presumably to distinguish it from the legislation involved the AmericanInstitute of Biologi- previous edition that was linked with the Scopes cal Sciences, which in 1961 produced textbooks verdict);when producing the new book, the publisher known as the Biological Sciences CurriculumStudy deleted the section on evolution, deleted chartsshow- (BSCS).These books, which unapologeticallystressed ing the evolution of species, and added vague quali- evolution as the unifying theme of biology, "put fiers such as "suggested" and "believed" when evolution back in the biology classroom." Biologists describing evolution (Moore 1998c).The word evolu- writing the BSCS books were shocked when they tion disappeared from Hunter's book, as it did from reviewed the competition; as noted by George Gay- most other biology textbooks (Moore 1998c). After lord Simpson: the Scopes trial, one publisher even asked Bryan to One hundredyears withoutDarwin are enough. In fact, the 100 years was just the 35 since the such as Scienceand Creation(introduced in 28 states in 1973-74), years Robert Kofahl's Handy Dandy EvolutionRefuter (1977), and Kelly Scopes trial (Grabiner& Miller 1974). Segraves' TheCreation Explanation: A ScientificAlternative to Evolu- Not surprisingly, the BSCS books were attacked. tion(1975). These creationistswant "to reachthe 63 million children The harshest attacks occurred in where the of the United States with the scientific knowledge of Biblical Texas, creationism"(Overton 1985). Creationistshave influenced legisla- books were denounced in newspapers, in church tion in many states. For example, in 1963 Tennessee passed by sermons, and at hearings of the Texas Textbook a vote of 69-16 a bill requiring that all textbooks include a Commission & Miller Thanks to the disclaimer that any idea about "the origin and creation of man (Grabiner 1974). and his world ... is not represented to be scientific fact" (see endorsement of the federal government, increased Bennetta 1986). Not surprisingly,the Bible-listed as a reference interest in public education, and legal precedents book instead of a textbook-was made exempt from the disclaimer limiting religious influences in public schools (Shermer 1997). The bill was later appealed by the National (i.e., Associationof Biology Teachersat about the same time that Susan the same forces that helped overturn Tennessee's Epperson filed her lawsuit in Arkansas (see Moore 1998b). 13Fergusonwas actually a stand-in for her impeached husband. As head of the state textbook commission, Ferguson approved 24Groupssuch as CaliforniaState Board of Education argued TrumanJ. Moon's BiologyforBeginners, but only afterthree chapters that the religious quotations made the book worthy of adoption that mentioned evolution were deleted. Contractspermitting the because the quotationsshowed that the book presented evolution removal of offensive pages were arranged with such publishers as a "theory and not as an established fact" (see Grabiner & as Henry Holt, Macmillan, and Allyn & Bacon (Ginger 1958). Miller 1974). Ferguson proclaimed that "I'm a Christianmother who believes 25Theseworries were heightened by the Soviet Union's launch Jesus Christ died to save humanity, and I am not going to let on 4 October1957 of SputnikI, the first orbiting artificialsatellite. that kind of rot go into Texas textbooks" (de Camp 1968). The This launch announced to America that nature's secrets-unlike commission threatened to fire any teacher using books that had political secrets-cannot be concealed and that no nation holds not been approved. a monopoly on the laws of nature (Shermer1997).

576 THEAMERICAN BIOLOGY TEACHER, VOLUME 60, NO. 8, OCTOBER1998 Butler Law in 1967; see Grabiner& Miller 1974), the Hays, A. (1957). The Scopes trial. In G. Kennedy (Ed.), Evolution and Religion:The ConflictBetween Science and Religionin Modern BSCS books were popular and completely trans- America.Boston: D.C. Heath. formed the profile of high school biology textbooks. Hutchinson,W. (1926).Darrow makes fervid plea. NashvilleBanner, The books were adopted throughout the country, 1 June 1926, p. 1. including in the three southern states having anti- Kofahl,R. (1977).Handy Dandy Evolution Refuter. San Diego: Beta. Larson, E.J. (1989). Trialand Error:The AmericanControversy over evolution laws (Grobman 1969; Skoog 1979). Com- Creationand Evolution(updated edition). New York: Oxford mercial publishers, trying to keep up, began reinstat- University Press. ing evolution in their books (see discussion in Larson, E.J. (1997). Summerfor the Gods: The Scopes Trial and Moore 1998c). America'sContinuing Debate over Science and Religion.New York: Basic Books. After the Scopes trial there were no prosecutions Marsden, G. (1980). Fundamentalismand AmericanCulture: The under the various anti-evolution laws. Although the Shaping of the Twentieth Century Evangelicalism,1870-1925. introduction of BSCS's evolution-based books Oxford:Oxford University Press. prompted many teachers to question the decades- Martin,T.T. (1923).Hell and the High Schools:Christ or Evolution- Which?Kansas City: Western Baptist Publishing. old laws, no teacher dared risk the defeat and public Mencken,H.L. (1925). Art. ChattanoogaNews, 18 September1925. humiliation that Scopes had endured. Finally, how- Mercer,T.C. (1978). Introduction to 1978reprint edition. pp. xiii-xv ever, a teacher summoned the courage to challenge in Trial Transcript.(1925). The World'sMost FamousCourt Trial: Downloaded from http://online.ucpress.edu/abt/article-pdf/60/8/568/48684/4450553.pdf by guest on 30 September 2021 the law. That teacher was a church-going, 24-year- TennesseeEvolution Case. Dayton, TN: Bryan College. Moore, R. (1998a). Creationismin the United States. I. Banning old woman in Arkansas named Susan Epperson. evolution from the classroom. The AmericanBiology Teacher, 60(7), 486-507. Moore, R. (1998b).Creationism in the United States. III. The ban Acknowledgments on teaching evolution reaches the SupremeCourt. TheAmerican BiologyTeacher, in press. I thank Dick Storey and three anonymous reviewers Moore, R. (1998c). The influence of the Scopes trial on biology for their helpful comments about this paper, and textbooks. In R.M. Cornelius, The ScopesTrial: A Challengefor Richard Cornelius for his insights regarding the AmericanEducation. Symposium held in Dayton, TN on 17 July 1998. Dayton, TN: Bryan College. Scopes trial and appeal. Nelkin, D. (1982). The CreationControversy: Science or Scripturein the Schools?New York:Norton. Nelson, T.H. (1925). The real issue in Tennessee. Moody Bible References InstituteMonthly. September. Overton, W.R. (1985). Memorandum opinion of United States ACLU executive committee. (1925). Minutes, 3 August 1925. In District Judge William R. Overton in McLeanv. Arkansas,5 ACLUArchives, vol. 279. January1982. In L. Gilkey (Ed.),Creationism on Trial.New York: As expected,Bryan wins. (1925).Chicago Tribune, 22 July 1925,p. 7. Harper & Row. Baker, A.O. & Mills, L.H. (1933). DynamicBiology. New York: Peay, A. (1929).The passing of WilliamJennings Bryan. In Austin Rand McNally. Peay (Ed.), A Collectionof State Papersand PoliticalAddresses. Bennetta, W. (1986). Looking Backwards.In W. Bennetta (Ed.), Kingsport,TN: Southern. Crusadeof theCredulous: A Collectionof Articlesabout Contemporary Scopes, Jack. (1989). The man who put the monkey on Dayton's Creationismand the Effectsof that Movementon PublicEducation. back. ChattanoogaLife and Leisure,5, auly), 12-15, 19, 21. San Francisco: Academy of Science Press. Scopes, John T. & Presley, J. (1967). Centerof the Storm:Memoirs Bryan, W.J. (1925). The Last Messageof WilliamJennings Bryan: A of JohnT. Scopes.New York:Holt, Rinehartand Winston. ReprintCommemorating the FiftiethAnniversary of BryanCollege. Scopes, John T. (1961). The trial that rocked the nation. Readers' Dayton, TN: Bryan College. Digest (March1961), pp. 136-144. Cornelius, R.M. (1990). The trial that made monkeys out of the Scopes, John T. (1965). Reflections: Forty Years Later. In J.R. world. USA TodayMagazine, 119 (November), 88-90. Tompkins(Ed.), D-Daysat Dayton:Reflections on the ScopesTrial. Cornelius, R.M. (1991). World's most famous court trial. In B.J. Baton Rouge, LA: Louisiana State University Press. Broyles (Ed.), History of Rhea County, Tennessee(pp. 66-71). Segraves,K. (1975).The Creation Explanation: A ScientificAlternative Dayton, TN: Rhea County Historical and GenealogicalSociety. to Evolution.San Diego: Creation-ScienceResearch Center. Comelius, R.M. (1997). William Jennings Bryan, the Scopes trial, Shermer,M. (1997).Why People Believe Weird Things: Pseudoscience, and Inheritthe Wind.Scopes Evolution Trial Museum. Dayton, Superstition,and Other Confusionsof our Time.W.H. Freeman: TN: Bryan College. New York. Cross, W.C. (1925). Bryan, noted orator, in favor at Dayton. Skoog, G. (1979). The topic of evolution in secondary school KnoxvilleJournal, 10 July 1925, p. 1. biology textbooks 1900-1977. ScienceEducation, 63, 632-633. Dayton's "amazing"trial. (1925).Literary Digest, 25 July 1925,p. 7. Supremecourt hears Scopes case. (1926).Nashville Banner, 31 May de Camp, L.S. (1968). . Garden City: 1926, p. 1. Doubleday. Tennessee House votes to repeal anti-evolutionlaw; Bill goes to de Camp, L.S. (1969). The end of the monkey war. Scientific Senate. (1967). ArkansasGazette, 13 , p. 13A. American,220, 15-21. The ScopesTrial. (1925). The Baptist Monthly Magazine, August 1925. Ended at last. (1925). The New YorkTimes, 22 July 1925, p. 18. Tompkins, J.R. (1965). John Thomas Scopes: A profile. In J.R. Falwell, J. (1981). The FundamentalistPhenomenon: The Resurgence Tompkins (Ed.), D-daysat Dayton:Reflections on the ScopesTrial of ConservativeChristianity. Garden City: Doubleday. (pp. 7-16). Baton Rouge, LA: LouisianaState University Press. Ginger, R. (1958). Six Days or Forever?Tennessee vs. John Thomas Traylor, J.W. (1990). William Jennings Bryan College: A brief Scopes.Oxford: Oxford University Press. history. vii-xii in Trial Transcript. (1925). The World'sMost Grabiner,J.V. & Miller, P.D. (1974). Effects of the Scopes trial. Famous Court Trial: Tennessee Evolution Case. Dayton, TN: Science,185, 832-836. Bryan College. Grobman,A.B. (1969). The Changing Classroom:The Role of the Trialtranscript. (1925). 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