Trial Summary: Day Two
July 13, 1925
Minneapolis Daily Star. July 13, 1925
The second day of the trial was especially important for the defense team and their trial strategy. Soon after the opening prayer, the defense moved to quash and dismiss the indictment against Scopes, arguing that the Butler Act violated Tennessee’s Constitution.
John Neal opened the defense by arguing that the Butler Act established religious teachings in public schools, which violated the Tennessee Constitution’s Bill of Rights. Arthur Garfield Hays then asserted that the Butler Act was unconstitutional because it was an unreasonable exercise of the police power of the state. Ben McKenzie then took the floor for the prosecution, countering that under Tennessee’s laws religion could not be taught in schools, and therefore evolution, which conflicts with the Bible, should also not be allowed to be taught. Stewart continued to defend the Butler Act as a reasonable use of the legislature's authority.
In the afternoon session, Darrow argued that there was a constitutional violation in the language of the statute. He noted that the statute explicitly gave a preference for the Bible, which he argued subverted the provision of the Tennessee Constitution protecting the freedom of worship. Darrow further stressed the importance of the separation of church and state, leaving the crowd with a warning that making it a crime to teach evolution in public schools could lead to other similar actions: “After awhile, your Honor, it is the setting of man against man and creed against creed, until…we are marching backward to the glorious days of the sixteenth century when bigots fired [kindling] to burn the men who dared to bring any intelligence and enlightenment and culture to the human mind.”
Following his speech, court was adjourned. The Chicago Tribune called it one of the greatest speeches in Darrow’s career, and even prosecution attorney Ben McKenzie agreed.