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Arkansas Act 1, Ban on Teaching Human Evolution in Public Schools and Colleges Initiative (1928)
| Arkansas Act 1 | |
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| Election date |
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| Topic Public education governance and Religion in public schools |
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| Status |
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| Type Initiated state statute |
Origin |
Arkansas Act 1 was on the ballot as an initiated state statute in Arkansas on November 6, 1928. Voters approved the ballot initiative. In 1968, the U.S. Supreme Court, in Epperson v. Arkansas, ruled that the ballot initiative violated the Establishment Clause of the U.S. Constitution's First Amendment.[1]
A "yes" vote supported prohibiting publicly funded schools and universities in Arkansas from teaching "the theory or doctrine that mankind ascended or descended from a lower order of animals." |
A "no" vote opposed prohibiting publicly funded schools and universities in Arkansas from teaching "the theory or doctrine that mankind ascended or descended from a lower order of animals." |
Aftermath
In 1968, the U.S. Supreme Court, in Epperson v. Arkansas, ruled that the ballot initiative violated the Establishment Clause of the U.S. Constitution's First Amendment. The court's seven justices unanimously ruled that the law was unconstitutional. Justice Abe Fortas wrote the court's opinion, which held that:[1]
| “ | The overriding fact is that Arkansas' law selects from the body of knowledge a particular segment which it proscribes for the sole reason that it is deemed to conflict with a particular religious doctrine; that is, with a particular interpretation of the Book of Genesis by a particular religious group. ... There is and can be no doubt that the First Amendment does not permit the State to require that teaching and learning must be tailored to the principles or prohibitions of any religious sect or dogma. ... A State's right to prescribe the public school curriculum does not include the right to prohibit teaching a scientific theory or doctrine for reasons that run counter to the principles of the First Amendment.[2] | ” |
Election results
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Arkansas Act 1 |
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| Result | Votes | Percentage | ||
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108,991 | 63.22% | ||
| No | 63,406 | 36.78% | ||
Text of measure
Ballot title
The ballot title for Act 1 was as follows:
| “ | An act to prohibit any university, normal, public school, college or other educational institution in the state of Arkansas that is supported in whole or in part, from public funds, the teaching that man descended or ascended from a lower order of animals. For Act 1. Against Act 1. | ” |
Path to the ballot
State Representative Astor L. Rotenberry of Pulaski County sponsored the ballot initiative along with John F. Hammett, president of the Arkansas Antievolution League, and Pastor Ben Bogard.[3]
See also
Footnotes
- ↑ 1.0 1.1 U.S. Supreme Court, "Epperson v. Arkansas," November 12, 1968
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Encyclopedia of Arkansas, "Epperson v. Arkansas," accessed March 22, 2025
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State of Arkansas Little Rock (capital) |
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