chancery court struck down the law against teaching evolution on religious-freedom grounds where no criminal prosecution was pending
How later courts described this case
- chancery court struck down the law against teaching evolution on religious-freedom grounds where no criminal prosecution was pending
Written by the judges who cited it.
The opinion
PER CURIAM. Upon the principal issue, that of constitutionality, the court holds that Initiated Measure No. 1 of 1928, Ark. Stat. Ann. § 80-1627 and § 80-1628 (Repl. 1960), is a valid exercise of the state’s power to specify the curriculum in its public schools. The court expresses no opinion on the question whether the Act prohibits any explanation of the theory of evolution or merely prohibits teaching that the theory is true; the answer not being necessary to a decision in the case, and the issue not having been raised.
The decree is reversed and the cause dismissed.
Ward, J., concurs. BrowN, J., dissents.