Watching
the History Channel tonight, I saw a documentary on the Scopes
trail. It was part of a series called: Ten Days that Unexpectedly Changed
America.

Darrow (left) and Bryan in Dayton, TN
during the trial.

Scopes
is often the forgotten education law case, as it has been overshadowed by
Brown. But it is just as integral to American history and the history of
education law. The Monkey Trial, as it was called, pitted two of America’s
greatest lawyers of the time against each other. William Jennings
Bryan, who represented the anti-evolution cause, had run for president
several times. Clarence
Darrow who represented the ACLU, is widely considered one of the greatest
lawyers in American history. It was, like Brown, a battle over the heart
of America
waged in the context of the public schools. Ultimately, Darrow, the ACLU, and
evolution won out, but it was a moment in history that truly changed America.

It
is not too surprising that we are still considering this issue and others under
the Establishment Clause. Certainly the Dover, Penn.
case did not get the publicity of the Scopes trial, but it shows just
how important these public education issues are in American life.