by Paul Braterman
Darrow: Did you ever discover where Cain got his wife?
Bryan: No, sir; I leave the agnostics to hunt for her.
Both sides, I will argue, were long-term loses in this exchange. But why were such matters being discussed in a Tennessee court of law in the first place?
The story so far: An extraordinary case indeed, where a school teacher, with the encouragement of his own superintendent, volunteers to go on trial in the State court for the crime of teaching from the State's approved textbook, and where that same superintendent will be the first witness called against him. And where a mere misdemeanour case, with a maximum penalty of $500, would attract the participation of William Jennings Bryan, former US Secretary of State, and Clarence Darrow, America’s most famous trial lawyer and agnostic.
In the run-up to the case, we even have the involvement of Billy Sunday, possibly the greatest of all pre-television evangelists, whose 18 day crusade in Memphis, Tennessee, was attended by some 200,000 people. Billy Sunday told his audiences that Darwin was an infidel: “To hell with the Modernists. Education today is chained to the devil's throne. Teach evolution? Teaching about pre-historic man? No such thing as prehistoric man.” (Billy Sunday aimed at a wide public. He hosted a “Negro Night”, which 15,000 attended. There was also a Klan Night.)
The facts were not in dispute. Scopes had of course taught evolution, although the law said he shouldn't. So it was really the law itself that was on trial. The ACLU was hoping to prove it unconstitutional because unreasonable, ambiguous, and an affront to freedom of conscience. Unreasonable because it opposed established science. Ambiguous because the Bible, to which it referred, was itself open to numerous interpretations. And an affront to freedom of conscience, because it imposed a preference for one religion (Christianity), and indeed one school of thought (the Fundamentalist) within that religion. These arguments were, according to the defence, fatal flaws in the prosecution indictment, which should therefore be quashed. The judge, however, was determined not to issue a ruling of that nature, and ordered the case to proceed. Now read on.
The defence case built on the above arguments. According to their interpretation of the statute, in order to be guilty Scopes would have had to do two separate things; (a) teach that humans were descended from lower animals, and (b) by that teaching, contradict the Bible. But the exact text of the Bible, how it should be understood, and even which books should be included in it were matters of controversy. The Bible was not a science textbook, and
[T]here is no more justification for imposing the conflicting views of the Bible on courses of biology than there would be for imposing the views of biologists on courses of comparative religion. We maintain that science and religion embrace two separate and distinct fields of thought and learning.
