I am currently working on a section of the BECB (the big evoluition/creation book) in which I discuss some of the legal history of the issue. Towards that end I just read the opinions of the Tennessee Supreme Court in the Scopes Trial. The Court addressed a number of issues, but we shall save that for a different post.
Mostly I just wanted to call attention to an amusing statement from one of the opinions:
The following statement of Dr. E.N. Reinke, Professor of Biology in Vanderbilt University, is repeatedly quoted in briefs of counsel for the defense:
“The theory of evolution is altogether essential to the teaching of biology and its kindred sciences. To deny the teacher of biology the use of this most fundamental generalization of his science would make his teaching as chaotic as an attempt to teach astronomy without the law of gravitation or physics without assuming the existence of the ether.”