As I emphasized in my posts during the past week, the Scopes trial did not resolve any of the major legal questions involving evolution. But many of those questions were resolved in subsequent cases over the next 80 years, as I chronicle in my book God vs. Darwin: The War Between Evolution and Creationism in the Classroom that reviewed the 80-year legal fight by religious groups to combat the teaching of the theory of evolution in public schools, that began with the Scopes trial in 1925 and ended with the Intelligent Design trial in Dover, PA in 2005
But there was one issue raised by the prosecutor in his defense of the Butler Act (that forbade the teaching of evolution) that is still unresolved and that is what is appropriate to teach children in public schools and who should get to decide it. Should it be the public through its elected representatives? Should it be educators? What should be role of subject matter experts?
In many countries, especially those with a national educational system, the answer is simple: the government does. In general, there is a ministry of education that sets the standards, curriculum, and even lesson plans and teachers are trained in it. There is no real basis for legal challenge and in theory they could decide to teach anything at all. In reality, public opinion acts as a major constraint on teaching nonsense. But in the US, education is very much a local affair, with each local community having its own school boards that determine these things, and these can vary widely. The state can set overall guidelines, while textbooks and standardized tests provide some measure of uniformity, but not much.
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