Perhaps you don’t know (or remember) anything about the Butler Act, a new Tennessee law signed in 1925, but you are likely aware of the well-known trial that resulted from that law.
![]() |
John Washington Butler (1925) |
The Butler Act was signed one hundred years ago on March 21, 1925 (which happened to be my father’s tenth birthday), by Tennessee Governor Austin Peay.
John Washington
Butler (1875~1952) was a corn and tobacco farmer northeast of Nashville,
Tennessee, and a member of that state’s House of Representatives from
1923 to 1927. The bill that bears his name was passed by a lopsided vote of
71-5 without hearings or debate, and then also passed by the state Senate.
In May 1925, John Scopes (1900~70), a high school football
coach and part-time teacher, was arrested for teaching evolution in violation
of the Butler Act. His trial was held in Dayton, Tennessee, from July 10 to 21,
and he was supported by the American Civil Liberties Union (ACLU).
Dubbed at the time “the trial of the century,” the Scopes trial
pitted the iconic Clarence Darrow as the defense lawyer and prominent
politician William Jennings Bryan as the prosecuting attorney.*1 As
depicted superbly in the movie Inherit the Wind (1960), Scopes was judged
guilty and fined $100.*2
In the trial’s aftermath, Tennessee disallowed the teaching
of evolution in the classroom until the Butler Act was repealed in 1967. It was
then determined that, after all, the 1925 law was a bad law, as it conflicted
with modern science and also increasingly had lost the support of many (progressive)
Christians.*3
Many “bad
laws” have been opposed by civil disobedience. As stated in an online dictionary, civil
disobedience means “the refusal to comply with certain laws … as a peaceful
form of political protest.” That refusal is because of the perception that some
laws are bad and should not be obeyed.
Here are just a
few notable historical examples of such “disobedience”:
* Mohandas
Gandhi’s protest against the salt tax in India. This month marks the 95th
anniversary of Gandhi’s historic “salt march” that began on March 12, 1930. It
was in opposition to the salt tax levied by colonial Britain, which he saw as an
oppressive, unjust law.
* Dietrich
Bonhoeffer’s protest against the Nazi government in Germany. The Lutheran
pastor was one of the best-known opponents of Adolph Hitler, who was
democratically elected but soon gained totalitarian control over Germany in
1933 by means of his laws and the use of the Gestapo.
* Martin Luther
King Jr.’s protest against the racial injustices in the U.S. According to
Copilot (Microsoft’s AI “companion”) King “believed that moral principles were
more important than unfair laws, so he “used civil disobedience not just to
make a political statement but to really change society.” This included the
march to Selma and “Bloody Sunday” 60 years ago in March 1965.
Civil
disobedience to bad laws is often costly for the protesters.
* Gandhi was
arrested on May 5, 1930, while on his salt march and sent to jail without trial
where he remained until near the end of January 1931.
*Bonhoeffer was
arrested in April 1943 and was imprisoned until his execution by
hanging 80 years ago next month, on April 9, 1945.
* King was
arrested 29 times and jailed, usually for rather short times, on many of those
occasions. His most well-known incarceration was in April 1963 when he wrote Letter
from a Birmingham Jail, during the week he was there.
Now, by
contrast, the U.S. President seems to be a “scofflaw.” While the term originally meant disregard
for minor laws, scofflaw now sometimes is used for a person who disregards
court orders, thus directly challenging judicial authority.
This is the
opposite of disregarding bad laws. It is harmful opposition to good laws, such
as protecting people’s civil rights. Since his inauguration on Jan. 20, the 47th
POTUS seems to have made many executive actions harmful to women as well as to LGBTQ
and non-White people.
For example, during
the past few days, the Trump administration has deported three planeloads of
Guatemalan immigrants to El Salvador in spite of a federal judge’s temporary
restraining order questioning the legality of that action.
That conflict
may be fomenting a constitutional crisis according to the news media, such as this
detailed March 17 article on the website of Reuters.com.
_____
*1
In 2023, Gregg Jarrett, a Fox News legal analyst and commentator, published The
Trial of the Century, which, “calls upon our past to unite Americans in the
defense of the free exchange of ideas, especially in this divided time.” The author
describes it on YouTube here.
*2
In recent years, it is often implied that $100 was just a token fine for John
Scopes breaking the Butler Act in Tennessee. According to Wikipedia, however, his
fine was equivalent to $1,793 in 2024.
*3
As I point out in my book Fed Up with Fundamentalism (2007, 2020), the
Scopes Trial led to the weakening of Christian fundamentalism (2020, pp.
34~37).