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Butler Act

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The Butler Act was a 1925 Tennessee law prohibiting public school teachers from denying the book of Genesis account of mankind 's origin. The law also prevented the teaching of the evolution of man from what it referred to as lower orders of animals in place of the Biblical account. The law was introduced by Tennessee House of Representatives member John Washington Butler , from whom the law got its name. It was enacted as Tennessee Code Annotated Title 49 (Education) Section 1922, having been signed into law by Tennessee governor Austin Peay .

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39-587: The law was challenged later that year in a famous trial in Dayton, Tennessee called the Scopes Trial which included a raucous confrontation between prosecution attorney and fundamentalist religious leader, William Jennings Bryan , and noted defense attorney and religious agnostic , Clarence Darrow . It was repealed in 1967. The law, "An act prohibiting the teaching of the Evolution Theory in all

78-548: A church service, ate a meal, and died (the result of diabetes and fatigue) in his sleep that afternoon—just five days after the Scopes trial ended. Dayton is located at 35°30′N 85°1′W (35.493, -85.013). According to the United States Census Bureau , the city has a total area of 6.4 square miles (17 km ), of which 6.1 square miles (16 km ) is land and 0.2 square miles (0.52 km ) (3.62%)

117-649: 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 . Dayton, Tennessee Dayton is a city in and the county seat of Rhea County, Tennessee , United States. As of

156-442: 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." 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 right to free speech . Although his termination was rescinded, Scott continued his fight with

195-522: A key role in establishing contact and talks between President Johnson and Governor George Wallace of Alabama . The state provided protection for marchers in the last march. In September, Ellington helped organize federal relief efforts in the wake of Hurricane Betsy . Ellington again sought the Democratic Party nomination for governor in 1966. His opponent, John Jay Hooker , was a friend of former Governor Browning, and had been endorsed by

234-564: A new facility in Dayton, adding over 250 new jobs. Dayton is home to Bryan College , a four-year Christian liberal arts school named in honor of William Jennings Bryan , who died in Dayton five days after the Scopes Trial ended. Chattanooga State Community College operates a site in downtown Dayton with a variety of offerings including General Education core for most majors and selected career courses. A Welding Technology course

273-518: A newspaper in Durant, Mississippi , for a brief period. In 1929, he married Catherine Ann Cheek, and moved to her native Marshall County, Tennessee , in the south central part of the state. There he bought a store in the Verona community. He worked as a salesman for American Harvester in the 1930s, and was a supervising salesman with Tennessee Farm Bureau Insurance in the early 1940s. Having joined

312-800: A political machine that controlled the governor's office for 18 years, from 1953 to 1971. Ellington was a supporter of President Lyndon B. Johnson ; he was appointed in 1965 as the Director of the Office of Emergency Planning during the Johnson Administration. Ellington was born in Holmes County, Mississippi , the son of Abner and Cora (Grantham) Ellington. He studied religion at Millsaps College in Jackson, Mississippi , but had to drop out due to financial difficulties. He edited

351-733: A vice president of the Louisville and Nashville Railroad . Vice President Lyndon Johnson succeeded Kennedy to the presidency after he was assassinated in Dallas in November 1963. In early 1965, President Johnson appointed Ellington as Director of the Office of Emergency Planning (later integrated into FEMA ). During the Selma to Montgomery marches , which took place at the height of the civil rights movement in March of that year, Ellington played

390-452: Is also offered as part of the TCAT program. Dayton City School , a K-8 public school, is free for all residents of Dayton. Dayton residents attend Rhea County High School , operated by Rhea County Schools . Rhea Central Elementary School, operated by the county school system and serving people not living in the city, is just outside the city limits. It is the largest K-5 public school in

429-529: 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) 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

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468-414: Is the largest manufacturing employer, followed by Suburban Manufacturing, Robinson Manufacturing, and International Automotive Components Group. Finland-based Nokian Tyres plans to employ around 400 at its new Dayton tire manufacturing factory which began initial operations in 2019. The Tennessee Valley Authority 's Watts Bar and Sequoyah nuclear power plants are both within 20 miles (32 km) of

507-406: Is water. Dayton has a humid subtropical climate with four distinct seasons; hot and humid in the summer, warm and mild in spring and fall, and cool in winter with some snow. As of the 2020 United States census , there were 7,065 people, 2,311 households, and 1,510 families residing in the city. As of the census of 2000, there were 6,180 people, 2,323 households, and 1,558 families residing in

546-545: The Nashville Tennessean . Ellington was endorsed by President Johnson, Clement, and the Nashville Banner . He defeated Hooker for the nomination, 413,950 votes to 360,105. The divide between Clement and Ellington continued to grow, as Ellington refused to endorse Clement in his US Senate primary campaign against Ross Bass . Governor Clement attempted to spend the state's budget surplus to ensure

585-420: The 2020 census , the city population was 7,065. The Dayton Urban Cluster includes developed areas adjacent to the city and extends south to Graysville . Dayton was the site of the Scopes Trial in 1925 dealing with the rejection of evolution by religious groups . The community was originally settled circa 1820 as Smith's Crossroads . In 1877, the town was renamed Dayton , after Dayton, Ohio . The town

624-642: The Tennessee State Constitution was amended, extending the gubernatorial term from two years to four years. The new amendments prevented governors from serving consecutive terms, but a temporary exception was made for Clement. He was elected to a full four-year term in 1954 after his initial two-year term. In 1958, with Clement term-limited, Ellington sought the Democratic Party's nomination for governor. His opponents were Memphis mayor Edmund Orgill, Nashville attorney Clifford Allen , and Judge Andrew "Tip" Taylor. Since Crump's death in 1954,

663-692: The assassination of Martin Luther King Jr. in Memphis led Ellington to immediately mobilize the National Guard , to prevent rioting in the city . In September 1967, Ellington signed a bill repealing the Butler Act , the 1925 law that had outlawed the teaching of the Theory of Evolution in state schools. Ellington did not seek another office after his second term as governor ended. In

702-714: The 1970 gubernatorial campaign, he refused to endorse the Democratic nominee, John Jay Hooker , and quietly supported the Republican nominee (and eventual winner), Winfield Dunn . Ellington's press secretary, Hudley Crockett, was narrowly defeated by incumbent Albert Gore Sr. , in the 1970 U.S. Senate primary. Ellington died while playing golf in Boca Raton, Florida , on April 3, 1972. Former President Johnson and Vice President Spiro Agnew were among those who attended his funeral, and President Richard Nixon issued

741-597: The Bible was all nonsense." After reading copies of William Jennings Bryan 's lecture "Is the Bible True?" as well as Charles Darwin 's The Origin of Species and The Descent of Man , Butler decided the teaching of evolution was dangerous. The law was challenged by the ACLU in the famed Scopes Trial , in which John Scopes , a high school science teacher who agreed to be paid on a charge of having taught evolution, and

780-672: The Clement-Ellington alliance had become the state's leading political organization. Ellington won the nomination with 213,415 votes to 204,629 for Taylor, 204,382 for Orgill, and 56,854 for Allen. He won the general election by a sizeable margin over several opponents, among them former Governor McCord, who ran as an independent. During his first term, Ellington continued many of Clement's policies. Aided by an economic boom, he could approve raises for public school teachers and school administrators without increasing taxes. While he supported continued legal segregation , he ordered

819-586: The Democratic Party, in 1944, Ellington worked in the campaign of successful gubernatorial candidate, Jim Nance McCord . Two years later, he was the Marshall County manager for the campaign of US Congressman Joe L. Evins . In 1948, Ellington ran and was elected to Marshall County's seat in the Tennessee House of Representatives . In 1952, Ellington managed the successful campaign of Frank Clement , who defeated incumbent Gordon Browning in

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858-423: The Democratic primary for governor, and went on to win the general election. Clement's campaign had the support of Memphis political boss E. H. Crump , who was seeking to regain the influence he had lost after Browning defeated his candidate, McCord, four years earlier. Clement appointed Ellington as Commissioner of Agriculture , where he served until the late 1950s under more than one administration. In 1953,

897-463: The Ellington administration did not inherit it. Ellington won the general gubernatorial election in 1966. By this time, he had shifted his position on segregation, and openly supported an end to the long-standing practice. In 1967, he appointed African American Hosea T. Lockard to his cabinet as administrative assistant; he was the first black cabinet member in state history. On April 4, 1968,

936-541: The Universities, and all other public schools of Tennessee, which are supported in whole or in part by the public school funds of the State, and to provide penalties for the violations thereof" (Tenn. HB 185, 1925) specifically provided: It additionally outlined that an offending teacher would be guilty of a misdemeanor and fined between $ 100 and $ 500 for each offense. By the terms of the statute, it could be argued, it

975-404: The average family size was 2.95. In the city, the age distribution of the population shows 23.5% under the age of 18, 16.0% from 18 to 24, 25.4% from 25 to 44, 20.8% from 45 to 64, and 14.3% who were 65 years of age or older. The median age was 34 years. For every 100 females, there were 86.8 males. For every 100 females age 18 and over, there were 82.4 males. The median income for a household in

1014-490: The city was $ 23,870, and the median income for a family was $ 32,149. Males had a median income of $ 28.765 versus $ 20,144 for females. The per capita income for the city was $ 12,946. About 13.4% of families and 32.9% of the population were below the poverty line , including 24.0% of those under age 18 and 16.6% of those age 65 or over. Dayton is a small manufacturing center whose products include furniture, clothing, automobile parts, and recreational vehicle components. La-Z-Boy

1053-611: The city. Since the late 1990s the area has experienced increased residential development particularly along Chickamauga Lake , an impoundment of the Tennessee River . More recently, Dayton has hosted several major bass fishing tournaments at Chickamauga Lake including the 2014 Bassmaster BASSfest , American Bass Anglers Weekend Series, Heartland Anglers Classic, the 2013 Walmart FLW Tour and various senior, collegiate and high school events. In 2019, STULZ Air Technology Systems, an HVAC and cooling solutions manufacturer, opened

1092-440: The city. The population density was 1,007.9 inhabitants per square mile (389.2/km ). There were 2,492 housing units at an average density of 406.4 units per square mile (156.9 units/km ). The racial makeup of the city was 90.7% White , 5.3% African American , 0.2% Native American , 0.7% Asian , <0.1% Pacific Islander , 1.8% from other races , and 1.3% from two or more races. Hispanic or Latino of any race were 3.1% of

1131-655: The early 1960s. Likewise, the Butler Act , which Scopes was supposed to have violated—though it was never invoked again—remained on the books until 1967, when it was repealed by the Tennessee Legislature . H. L. Mencken famously covered the trial for the Baltimore Sun and recruited Clarence Darrow to lead the defense team. Immediately after the trial, Bryan continued to edit and deliver speeches, traveling hundreds of miles that week. On July 26, 1925, he drove from Chattanooga to Dayton to attend

1170-492: The issue of whether evolution should be taught in public schools. John T. Scopes , the defendant in the trial, was a local science teacher who was recruited by George Rappleyea to begin to teach evolution in his science class, and at the provocation of the ACLU ( American Civil Liberties Union ), despite it being against Tennessee law at that time. Rappleyea believed that this conflict would create an enormous amount of publicity for

1209-404: The population. There were 2,323 households, out of which 31.5% had children under the age of 18 living with them, 47.7% were married couples living together, 15.3% had a female householder with no male present, and 32.9% were non-families. 29.2% of all households were made up of individuals, and 12.9% had someone living alone who was 65 years of age or older. The average household size was 2.40 and

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1248-410: The state capitol and demanded a meeting with Ellington, but he refused. At the 1960 Democratic National Convention , a rift had begun to form in the relationship between Clement and Ellington. The former endorsed John F. Kennedy for president, and the latter endorsed Lyndon B. Johnson . Following his first term as governor, which ended in 1963, Ellington returned to the private sector, working as

1287-650: The state to comply with the U.S. Supreme Court's decision in Brown v. Board of Education (1954) that ruled that segregation in public schools was unconstitutional; it ordered desegregation of the public school system. In 1961, several Tennessee State University students who had participated in the Freedom Rides , to highlight illegal segregation on interstates buses, which were covered by federal law, were expelled after Ellington ordered an investigation into their activities. In response, dozens of protesters picketed

1326-556: The state. Graysville Elementary School in Graysville also has a Dayton postal address. Omega Graduate School , an institution of Christian postgraduate education, is located in Dayton's Crystal Springs community. Buford Ellington Earl Buford Ellington (June 27, 1907 – April 3, 1972) was an American politician who served as the 42nd governor of Tennessee from 1959 to 1963, and again from 1967 to 1971. Along with his political ally, Frank G. Clement , he helped lead

1365-464: The town, and he was proven correct. The town bustled with activity as people began to flock from near and far to hear the verdict on this controversial issue. Although this trial is often represented as being pivotal in the movement to allow evolution to be taught in American schools, it actually marked the beginning of a major decline in the teaching of evolution which did not start to recover until

1404-583: Was created by God as recorded in Genesis. However the author of the law, a Tennessee farmer and member of the Tennessee House of Representatives John Washington Butler , specifically intended that it would prohibit the teaching of evolution. He later was reported to have said "No, I didn't know anything about evolution when I introduced it. I'd read in the papers that boys and girls were coming home from school and telling their fathers and mothers that

1443-402: Was incorporated in 1903. Early industry included manufacture of pig iron. In 1925, the famous Scopes Trial was held in Dayton and, for a period of time, filled the town with hucksters of every description and journalists from around the world. The participants included William Jennings Bryan in the role of prosecutor and Clarence Darrow as the principal defense counsel. The trial was over

1482-517: 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: 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

1521-569: Was not illegal to teach evolution in respect to non-human creatures, such as that apes descended from protozoa or to teach the mechanisms of variation and natural selection . The bill also did not touch on, or restrict the teaching of prevailing scientific theories of geology or the age of the Earth . It did not even require that the Genesis story be taught, but prohibited solely the teaching that man evolved, or any other theory denying that man

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