Epperson v. Arkansas, a unanimous United States Supreme Court case from 1968, stands as a pivotal moment in American legal history. This landmark decision invalidated an Arkansas statute that prohibited the teaching of human evolution in public schools. The Court's ruling underscored the principle that the First Amendment to the U.S. Constitution prevents states from dictating that "teaching and learning must be tailored to the principles or prohibitions
of any religious sect or dogma." This case affirmed the separation of church and state within the public education system, specifically regarding scientific curriculum.
The Legal Challenge and Lower Court Rulings
The case originated from a challenge to a 1928 Arkansas statute that made it unlawful for any teacher in publicly funded institutions to teach the theory that mankind ascended or descended from a lower order of animals. This law also prohibited the adoption or use of textbooks that taught such a doctrine. Susan Epperson, a 10th-grade biology teacher in Little Rock, found herself in a legal dilemma when her school adopted a new textbook that included a chapter on Charles Darwin and evolutionary theory. Teaching this material would put her at risk of fines and dismissal under the existing state law.
With support from the Arkansas chapter of the National Education Association, the American Civil Liberties Union, and the Little Rock Ministerial Association, Epperson filed suit in the Chancery Court in Pulaski County. She sought to nullify the law and prevent her dismissal for teaching the evolutionary curriculum. The Chancery Court ruled in her favor on May 27, 1966, declaring the statute unconstitutional. The lower court held that the law violated the Fourteenth Amendment, which protects citizens from state interference with freedom of speech and thought as contained in the First Amendment. It concluded that the law "tends to hinder the quest for knowledge, restrict the freedom to learn, and restrain the freedom to teach."
Arkansas Supreme Court Reversal and Appeal
The state of Arkansas appealed the Chancery Court's decision to the Arkansas Supreme Court. On June 5, 1967, the state's highest court reversed the lower court's ruling. The Arkansas Supreme Court's opinion stated that Initiated Measure No. 1 of 1928 was a valid exercise of the state's power to specify the curriculum in its public schools. Notably, the state court did not offer an opinion on whether the Act prohibited any explanation of evolution or merely prohibited teaching it as truth, deeming the answer unnecessary for its decision. This reversal left the ban against teaching evolution in effect, prompting Epperson to appeal to the United States Supreme Court.
The U.S. Supreme Court's Unanimous Decision
The U.S. Supreme Court hearing commenced on October 16, 1968. Eugene R. Warren presented arguments for Epperson, while Don Langston, an Assistant Attorney General for Arkansas, argued for the state. Langston and the State Appeal Court had primarily focused on the state's power to set curriculum standards, rather than delving into evolutionary theory or the boundaries between church and state. However, the Supreme Court took a different approach. On November 12, 1968, the Court announced its unanimous decision, finding that the reasons given in the Arkansas reversal were in error.
The Supreme Court declared the Arkansas statute unconstitutional because it violated the Establishment Clause of the First Amendment. The Court emphasized that the clear purpose of the Arkansas statute against the teaching of evolution was to protect a particular religious viewpoint. This ruling established a crucial precedent, reinforcing that public education must remain neutral concerning religious doctrines and cannot be used to advance or inhibit any religion. Following this decision, some jurisdictions attempted to circumvent the ruling by requiring the teaching of creation science alongside evolution, but these laws were also later ruled unconstitutional.
