Editing Butler Act (section)

==Challenges==

The law was challenged by the [[American Civil Liberties Union|ACLU]] in the famed [[Scopes Trial]], in which [[John T. Scopes|John Scopes]], a high school science teacher who agreed to be paid on a charge of having taught evolution, and was nominally served a warrant on May 5, 1925. Scopes was indicted on May 25 and ultimately convicted; on appeal the [[Tennessee Supreme Court]] found the law to be constitutional under the [[Tennessee State Constitution]], because:

<blockquote>We are not able to see how the prohibition of teaching the theory that man has descended from a lower order of animals gives preference to any religious establishment or mode of worship. So far as we know, there is no religious establishment or organized body that has in its creed or confession of faith any article denying or affirming such a theory. — Scopes v. State 289 S.W. 363, 367 (Tenn. 1927)</blockquote>

Despite this decision, the Tennessee Supreme Court reversed the conviction on a technicality (that the jury should have fixed the amount of the fine), and the case was not retried. During the trial, Butler told reporters: "I never had any idea my bill would make a fuss. I just thought it would become a law, and that everybody would abide by it and that we wouldn't hear any more of [[evolution]] in Tennessee."<ref>Hariman, Robert. ''Popular Trials : Rhetoric, Mass Media, and the Law''. Tuscaloosa, University Of Alabama Press, 1993, p. 57.</ref>

The law remained on the books until 1967, when teacher Gary L. Scott of [[Jacksboro, Tennessee]], who had been dismissed for violation of the act, sued for reinstatement, citing his [[First Amendment to the United States Constitution#Freedom of speech and of the press|First Amendment]] right to [[Freedom of speech in the United States|free speech]]. Although his termination was rescinded, Scott continued his fight with a class action lawsuit in the Nashville Federal District Court, seeking a permanent injunction against enforcement of that law. Within three days of his filing suit, a bill for repeal of the Butler Act had passed both houses of the Tennessee legislature and was signed into law May 18 by Governor [[Buford Ellington]].<ref>{{Cite book |last=Moore |first=Randy |url=https://books.google.com/books?id=7hc-l875XlIC |title=Evolution in the Courtroom: A Reference Guide |publisher=Bloomsbury Academic |year=2002 |isbn=9781576074206 |series=ABC-CLIO E-Books |pages=58-59 |lccn=2001005295}}</ref>