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Friday, May 26, 2006
Federal court of appeals remands Georgia evolution disclaimer case
Jaime Jansen at 8:25 AM ET
[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] on Thursday remanded [opinion text, PDF] an appeal from the Atlanta-based Cobb County School District [official website] asking the court to overturn [JURIST report] a district court decision [text; JURIST report] requiring the school district to remove stickers in their biology textbooks calling evolution "a theory, not a fact." The three-judge panel asked the district court to determine if the public school district's actions were "religiously neutral," implying that the stickers may stay if they do not represent a government endorsement of religion. In order to do so, the district court must consider whether the government pressured the school district into adopting the sticker policy.
American Establishment jurisprudence is strange.
Cobb County originally instituted the sticker policy in response to complaints from some parents claiming that the textbook represented evolution as fact without including any rival theories about the creation of life.
Apart from the various religious dogma, what scientific theories exist that 'rival' evolution?
It seems that US courts have a different approach to the questions "What Is Science" and "How Does Science Work" than they do to unravel major corporate fraud cases and similar complex litigation.
Why do people have so much difficulty separating their beliefs from their assumptions from they actually know?
Other parents of some of the students in the district later sued, claiming the policy violated the separation of church and state under the Establishment Clause of the First Amendment [text]. Students and staff last year removed stickers [JURIST report] from 35,000 biology textbooks pending appeal of the case.
They have 35,000 biology textbooks. Does anyone open them?
I wonder what would happen if the school district had put "a theory, not a fact" stickers on Bibles? Would the court be considering the question; "We'd better check that they weren't pressured by 'the government' ... before we decide whether the stickers interfere with people's religious beliefs in such as was to to appear to endorse one view over another ..."AP has more.