EIGHTY years after the Scopes trial dealt a blow to the anti-evolution movement, a similar face-off between science and religion is slated tomorrow in the U.S. Senate.

This time the issue is whether to preserve the right of science to discern the stories of the earliest Americans or to accede to beliefs of some Native American tribes that all ancient remains belong to them — even when there is no provable connection.

An action against science could stall the court-ordered study of Kennewick Man, the 9,300-year-old remains stored at the University of Washington's Burke Museum.

Science should win again.

The Senate Indian Affairs Committee hearing likely won't draw 1,000 spectators, as crowded around the Dayton, Tenn., courthouse for the trial of high-school teacher John Thomas Scopes, accused of illegally teaching evolutionary theory. But the debate no doubt will be as passionate as that rendered by William Jennings Bryan, for the prosecution, and Clarence Darrow, for the defense.

At issue now is whether to amend the Native American Graves Protection and Repatriation Act with the addition of two words: "or was." So the act would redefine Native American to be "of, or relating to, a tribe, people, or culture that is ... or was ... indigenous to the United States."

That means modern-day tribes could claim the remains from ancient tribes that long since moved on or died out — even remains of their ancestors' foes.

The proposed change is in response to last year's unequivocal federal rulings that scientists should be able to study Kennewick Man. When the skeleton was found in 1996 on federal land, the government quickly moved to repatriate the remains to four tribes that claimed them. Eight leading scientists sued and won. This month, they are studying the remains for the first time.

The tribes argued their oral histories say they always have been in the Northwest and contain no references to visitors — contrary to scientific evidence of widespread migration.

The federal courts sided with science, finding none of the Act's required proof of a connection to the tribes. Republican Sen. John McCain's proposed amendment would remove that burden of proven affiliation.

Supporters of the change say it won't affect Kennewick Man's study, but that is disingenuous nonsense. If the amendment is enacted, a new claim could be filed on the grounds Congress clarified its intent. Regardless, it would apply to other ancient remains with no link to modern tribes.

Science won in 1925 when the Tennessee Supreme Court overturned Scopes' conviction and dismissed the case. But it could be losing in 2005. Anthropologists report many students are opting to do graduate work outside the United States because it is increasingly hard to get access to old bones.

The Indian Affairs Committee should follow the advice of Scopes, a willing scapegoat in the test case 80 years ago: "The best time to scotch the snake is when it starts to wiggle."