Science and Religion in American Legal History
Adam R. Shapiro & Cecelia A. Watson
The relationship between science and religion has been portrayed in different ways
throughout American history. Varying efforts have been made to reconcile the two concepts, or
to further entrench the notion of "warfare" between the two.
These efforts have often entered the theater of the courtroom. From the Scopes trial to
Roe v. Wade to the Terri Schaivo controversy, these cases have not only shaped legal history and
theory, but also our notions of how science and religion can be defined, and how they interrelate.
By looking at particular legal cases and the historical circumstances in which they have
occurred, we hope to observe how our contemporary understanding of the concepts of science
and religion has evolved, and how they relate to issues in law and politics today.
There are two principle types of reading material for this course: 1) Text of legal events, cases,
court opinions and, texts of statutes and debates 2) Readings of either primary or secondary texts
intended to provide historical and social background to legal events.
Requirements: Students should post questions or comments on Chalk by Tuesday each week on
some part of that Thursday’s reading. This will help us shape discussion. One final paper 15-20
pages. Students must submit 1-page proposals detailing topic on which they would like to write
by the end of the 5th week. Class attendance and participation are also required.
Week 1: Introduction: Overview of Course. What does it mean to define Science? Religion?
What conflicts might arise out of such? Why are we mostly looking at Supreme Court Cases.
How to read and understand court decisions.
No Reading.
Week 2: The Early Science and Religion "Warfare" in the United States
Readings: Selections from sermons of John Nelson Darby (1838); Charles Darwin, On the Origin
of Species (1859) Chs. 3, 4, 6, 8 (whole book recommended); Selections from Andrew Dickson
White, The History of the Warfare Between Science and Theology in Christendom (1896);
Introduction to Darby translation Bible (1890); Introduction and Genesis from Scofield
Reference Bible (1909); Selection from the Fundamentals: A Testimony of the Truth (1910-15);
Selections from A Civic Biology, Presented in Problems (1914).
Week 3: Scopes Trial.
Cases: Scopes v Tennessee (1925); Epperson v. Arkansas (1968).
Readings: Charles Davenport: Lecture on W. J. Bryan (1922); Edward Larson: Summer of the
Gods (1997) Chs. 1,7,8 (whole book recommended).
Week 4: Religion and the development of "Big Science." Religion and Scientific Culture:
Case: United States v. Rosenberg et. al.
Readings: Selections from: Latour: Laboratory Life; Selection from Paul Boyer By the Bomb’s
Early Light (1985); Selection from Daniel Kevles: The Physicists (1978).
Week 5: Religion and Medicine 1—Religion and Forms of Medical Treatment:
Cases: Buck v. Bell (1927); Manual of the Eugenics Board of North Carolina (1960); Biennial
Report of the Eugenics Board of North Carolina (1966-68); Material on DSHEA (1994).
Readings: Francis Galton: “Statistical Inquiries into the Efficacy of Prayer” (1872); Randolph
Byrd: “Positive Therapeutic Effects of Intercessory Prayer in a Coronary Care Unit Population”
(1988); Selections from Daniel Kevles: In the Name of Eugenics (1985).
Week 6: Religion and Medicine 2—Medicine and the Religious Individual:
Cases: Prince v. Massachusetts (1947); Wisconsin v. Yoder (1972); Matter of Philip K. Eichner
(1981 NY Court of Appeals) In re E.G. (1989 Illinois Supreme Court); Cruzan v. Director
(1990); In re McCauley (1991); Commonwealth of Massachusetts v. Twitchell (1993); State of
Minnesota v. McKown (1991); Lundman v. McKown (1995).
Reading: American Association of Pediatrics, “Religious Objections to Medical Care” (1997).
Week 7: Teaching Evolution in Schools (Again):
Cases: Edwards v. Aguillard (1987); McLean v. Arkansas Board of Education (1981)
Readings: Selection from Popper, The Logic of Scientific Discovery; Pius XII: "Humani
Generis" (1950); Selection from Langdon Gilkey, Blue Twilight; Michael Ruse & Larry Laudan
exchange: “Creation-Science is Not Science.”
Week 8: Scientific Naturalism and Religion. Philosophy of Science:
Readings: Selection from Kuhn Structure of Scientific Revolutions; Paul Feyerabend “How to
Defend Society Against Science”; Address of Pope John Paul II to the Pontifical Academy of
Sciences, October 22, 1996. Selection from Ian Barbour, Religion in an Age of Science.
Week 9: The Political Rise of the Christian Right:
Cases: Bob Jones University v. United States (1983); Roe v. Wade (1973);
Planned Parenthood of Central Missouri v. Danforth (1976);
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992).
Readings: Selections from Randall Balmer: Mine Eyes Have seen the Glory.
Week 10: Contemporary Debates: Intelligent Design. Religion and Medical Science.
Cases: Bush v. Schaivo (2004); Shindler v. Schaivo (2004); Selections from the Proceedings of
the State Board of Education, Texas Education Agency. September 10, 2003; Conference Report
on No Child Left Behind Act. (2001).
(Note, as situations develop, this week’s discussion will remain fluid.)
Readings: Selection from William Paley Natural Theology (1802/1827); Selection from Michael
Behe Darwin's Black Box (1996); William Dembski “An Information-Theoretic Design
Argument” from To Everyone an Answer, a Case for the Christian Worldview (2004).