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December 19, 2006
Americans United Applauds Settlement Of Georgia Lawsuit Over Evolution
Disclaimer
AU's Lynn Commends Cobb County School Board For Supporting Sound
Science Education
Americans United for Separation of Church and State today lauded a
Georgia public school board's decision to drop its defense of
anti-evolution disclaimers for science textbooks.
The Cobb County School Board has agreed to settle the long-running
legal fracas over its 2002 decision to place anti-evolution stickers
in high school biology textbooks.
In an agreement announced today, Cobb County school officials state
that they will not order the placement of "any stickers, labels,
stamps, inscriptions, or other warnings or disclaimers bearing
language substantially similar to that used on the sticker that is the
subject of this action." School officials also agreed not to take
other actions that would undermine the teaching of evolution in
biology classes.
"Cobb County school officials have taken the right step to ensure that
their students receive a quality education," said the Rev. Barry W.
Lynn, executive director of Americans United. "Students should be
taught sound science, and the curriculum should not be altered at the
behest of aggressive religious groups."
After the Cobb County School Board passed the sticker policy, school
district parents, represented by attorney Michael Manely and the
American Civil Liberties Union of Georgia, sued arguing that the
policy promoted religion in science classrooms and therefore violated
the separation of church and state. In early 2005, U.S. District Judge
Clarence Cooper agreed and ordered the school district to remove the
stickers from its 35,000 biology textbooks.
The textbook disclaimer declares that evolution is a controversial
scientific theory.
Since federal courts have ruled that creationism is religion and
cannot be taught in public school science courses, Religious Right
groups have sought ways to undermine the teaching of evolution and
sneak discussion of religious beliefs on the origins of life into
public school science courses. Textbook disclaimers on evolution, are
one such tactic.
School officials removed the stickers, but asked the 11th U.S. Circuit
Court of Appeals to reverse Judge Cooper's Selman v. Cobb County
School District decision. In late spring, the appellate panel sent the
case back to Cooper requesting more information about the situation.
Americans United, Bondurant, Mixon & Elmore, an Atlanta law firm,
and Pepper Hamilton, a Philadelphia law firm, joined the ACLU of
Georgia in handling the case on remand.
Jeffrey Selman, the Cobb County parent who led the charge against the
anti-evolution disclaimer and president of the Georgia chapter of
Americans United, said the settlement puts to rest a contentious
struggle over religious and political agendas.
"The settlement brings to an end a long battle to keep our science
classes free of political or religious agendas," Selman said. "I am
very pleased that the Cobb school board has dropped its defense of the
anti-evolution policy. The board should be commended for taking this
action."
Richard Katskee, assistant legal director of Americans United, and
Eric Rothschild of Pepper Hamilton were among the attorneys who
successfully argued against a Pennsylvania public school district's
policy of promoting "intelligent design" in science courses. In 2005,
a federal judge ruled that intelligent design is not science and that
the Dover Area School Board's policy violated the First Amendment
principle of church-state separation.
Some of the experts who were instrumental in persuading the federal
court to invalidate the intelligent-design policy also joined the
effort to persuade Cobb County school officials to abandon their
defense of the anti-evolution stickers. Those experts include Kenneth
Miller, a biology professor at Brown University, Brian Alters, a
professor of science education at McGill University, and Eugenie
Scott, executive director of the National Center for Science
Education.
Americans United's Katskee applauded the Cobb County School Board's
decision to settle the legal dispute.
"The school district can now place its focus squarely on providing a
sound education to Cobb County students," he said.
Katskee added that Cobb County officials showed "great courage" in
deciding to end the ongoing and often contentious battle, which has
attracted national attention.
"Cobb County students can be thankful that their school board is
working in their interests," he said. "The board has chosen an
admirable course of action by dropping its defense of the evolution
disclaimer."
Rothschild said he is pleased the Cobb County School Board chose not
"to continue waging a prolonged court battle over an attack on
evolution."
Americans United is a religious liberty watchdog group based in
Washington, D.C. Founded in 1947, the organization educates Americans
about the importance of church-state separation in safeguarding
religious freedom.
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Americans United Press Contacts:
Joe Conn, Rob Boston, Jeremy Leaming
www.au.org/press
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