Epperson v. Arkansas
393 U.S. 97 · Decided November 17, 1968 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Epperson v. Arkansas was decided on November 17, 1968 unanimously (9–0). The Court reversed the lower court's decision. Justice Abe Fortas wrote the opinion of the Court. SCDB classifies its main issue as “Establishment of religion” in the First Amendment area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 393 U.S. 97 · 89 S. Ct. 266 · 21 L. Ed. 2d 228 · 1968 U.S. LEXIS 328
- Docket number
- 7
- Decided
- November 17, 1968
- Argued
- October 16, 1968
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 9–0 (unanimous)
- Majority opinion
- Abe Fortas
- Opinion assigned by
- Earl Warren
- How the case arrived
- Appeal
- Issue (SCDB)
- Establishment of religion
- Issue area
- First Amendment
- Legal provision
- First Amendment (establishment of religion)
- Type of law
- Constitutional amendment
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Special concurrence | Wrote an opinion |
| Justice William O. Douglas | Majority | |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Special concurrence | Wrote an opinion |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Special concurrence | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Abe Fortas | Majority | Wrote an opinion |
| Justice Thurgood Marshall | Majority |
Full case caption
Epperson et al. v. Arkansas
SCDB identifiers: case 1968-010, docket 1968-010-01.
Related decisions
Other cases on “Establishment of religion”
- Walz v. Tax Commission of the City of New York
- Chamberlin v. Dade County Board of Public InstructionLaw held unconstitutional
- School District of Abington Township v. SchemppLaw held unconstitutional
- Arlan's Department Store of Louisville, Inc. v. Kentucky
- Engel v. Vitale
- Torcaso v. WatkinsLaw held unconstitutional
Cases on the same legal provision: First Amendment (establishment of religion)
- Board of Education of Central School District No. 1 v. Allen
- Lemon v. KurtzmanLaw held unconstitutional
- Lemon v. Kurtzman
- Levitt v. Committee for Public Education & Religious LibertyLaw held unconstitutional
- Hunt v. McNair
- Sloan v. LemonLaw held unconstitutional
Same Term, same area (First Amendment)
- Carroll v. President and Commissioners of Princess Anne
- Clark v. Gabriel
- Presbyterian Church in the United States v. Mary Elizabeth Blue Hull Memorial Presbyterian Church
- Tinker v. Des Moines Independent Community School District
- Gregory v. City of Chicago
- Shuttlesworth v. City of Birmingham
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error