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diate restoration of prestige: he died in 
Dayton a week after the trial ended. Ted 
Mercer’s Bryan College, a thriving fun- 
damentalist institution in Dayton, is his 
local legacy. Second, the quashing of 
Scopes’s conviction was a bitter pill for 
the defense. Suddenly, there was no 
case left to appeal. All that effort down 
the tubes of a judge’s $50 error. 
The Butler Act remained on the 
books until its repeal in 1967. It was not 
enforced, but who can tell how many 
teachers muted or suppressed their 
views and how many children never 
learned one of the two or three most 
exciting and expansive ideas ever devel- 
oped by scientists. In 1973, a “Genesis 
Bill” passed the senate of Tennessee 69 
to 16. It legislated equal time for evolu- 
tion and creation and required a dis- 
claimer in all texts that any stated idea 
about “the origin and creation of man 
and his world ... is not represented to 
be scientific fact.” The Bible, however, 
was declared a reference work, not a 
text, and therefore exempt from the 
requirement for a printed disclaimer. 
This bill was declared unconstitutional a 
few years later. 
Third, and sadly, any hopes that the 
issues of Scopes’s trial had been ban- 
ished to the region of nostalgic Ameri- 
cana have been swept aside by our cur- 
rent creationist resurgence — the climate 
that inspired my detour across the Ten- 
nessee River in June. 
Late in his life, I came to know 
Kirtley Mather, emeritus professor of 
geology at Harvard, pillar of the Baptist 
church, lonely defender of academic 
freedom during the worst days of Mc- 
Carthyism, and perhaps the finest man I 
have ever known. Kirtley was also a 
defense witness in Dayton. Each year, 
from the late 1960s to the mid 1970s, 
Kirtley gave a lecture to my class recall- 
ing his experiences at Dayton. It seemed 
a wonderful echo of times gone by, for 
Kirtley, in his late eighties, could still 
weave circles around the finest orators 
at Harvard. The lecture didn’t change 
much from year to year. I viewed it first 
as a charming evocation, later as mildly 
related to current affairs, finally as a 
vital statement of pressing realities. This 
year, I will dust off the videotape and 
show it to my class as a disquisition on 
immediate dangers. 
In 1965, John Scopes permitted him- 
self this hope in retrospect: 
I believe that the Dayton trial marked the 
beginning of the decline of fundamental- 
ism. ... 1 feel that restrictive legislation on 
academic freedom is forever a thing of the 
16 
