Trial begins over evolution disclaimer

Atlanta — A warning sticker in suburban Atlanta science textbooks that says evolution is "a theory, not a fact" was challenged in federal court Monday as an unlawful promotion of religion.

Cobb County schools put the disclaimers in three biology texts two years ago, after more than 2,000 parents complained the books presented evolution as fact.

A group of parents and the American Civil Liberties Union filed a lawsuit over the stickers. "It's like saying everything that follows this sticker isn't true," said Jeffrey Selman, a parent who filed the lawsuit.

In the trial's opening statements Monday, ACLU lawyer Maggie Garrett argued the stickers are an endorsement of religion because only evolution is mentioned. Other scientific theories don't get similar treatment, she said.

"The religious views of some that contradict science cannot dictate curriculum," Garrett said.

The sticker reads, "This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered."

A lawyer for the school district, Linwood Gunn, said it was silly to consider the stickers a promotion for religion.

"It doesn't say anything about faith," he said.

Gunn said the sticker was meant to "encourage critical thinking" and said it didn't imply that evolution was wrong.

U.S. District Judge Clarence Cooper asked Gunn why it is necessary to have a sticker clarify evolution as a theory.

"You said the text says that it's not a fact, it's a theory," Cooper said. "Why put a sticker on the book when that's already in the book?"

Gunn replied that school board members were simply trying to accommodate all views.

The trial, which will be decided by Judge Cooper, is expected to last several days. The list of witnesses includes college science professors, school board members and other parents.