[2] Arkansas did not appeal the decision and it was not until the 1987 case of Edwards v. Aguillard,[3] which dealt with a similar law passed by the State of Louisiana, that teaching "creation science" was ruled unconstitutional by the Supreme Court, making that determination applicable nationwide.

The plaintiffs in the suit, who opposed the "balanced treatment" statute, were led by the Reverend William McLean, a United Methodist minister.

The Pulaski County Special School District and its directors and superintendent were named in the original complaint but were voluntarily dismissed by plaintiffs at the pre-trial conference on October 1, 1981.

They were challenged in 1968 at Epperson v. Arkansas which ruled that "The law's effort was confined to an attempt to blot out a particular theory because of its supposed conflict with the Biblical account, literally read.

The judgment defined the essential characteristics of science as being: Overton found that "creation science" failed to meet these essential characteristics for these reasons: The creationists' methods do not take data, weigh it against the opposing scientific data, and thereafter reach the conclusions stated in [the act] Instead, they take the literal wording of the Book of Genesis and attempt to find scientific support for it.

The judge concluded that "the Act was passed with the specific purpose by the General Assembly of advancing religion," and that it violated the First Amendment's Establishment Clause.