The Cobb County Anti-Evolution Textbook Disclaimer Case
In March 2002, the Cobb County School District in Georgia voted to insert an anti-evolution disclaimer in a variety of science textbooks.
In November 2004, Jeffrey Selman and 3 other parents brought suit against the school district on constitutional grounds. Plaintiffs' Pretrial Brief (pdf) (Initial complaint filed August 2002)
In January 2005, Federal District Court Judge Clarence Cooper ruled that the disclaimers are unconstitutional. Cooper's decision (pdf)
In April, Cobb County School District filed an Appeals brief with 11th Circuit Court of Appeals Appellants-Defendants brief (pdf)
In June 2005, Selman et al. filed a brief with 11th Circuit Court of Appeals Appellees-Plaintiffs brief (pdf)
In June 2005, 8 amicus briefs were filed urging the Appeals Court to uphold the District Court ruling.
In December 2005, a 3-judge panel heard oral argument in the appeal
See also, this report.
On May 25, 2006, the Appeals Court remanded the case to the district court because of concerns about the evidentiary record, opening the possibility for a completely new trial. Appeals Court ruling (pdf)
On November 16, 2006, the plaintiffs submitted expert witness statements from three experts that they planned to call in the retrial: Eugenie Scott, director of NCSE; Kenneth Miller, coauthor of the textbook Biology and professor of biology at Brown University; and Brian Alters, an expert in evolution education at McGill University. All three experts were closely involved in the Kitzmiller case.
- Expert witness statement of Eugenie Scott on the history of creationism and "theory not fact policies" (Right-click to download PDF)
- Expert witness statement of Kenneth Miller on the science of evolution and the definition of "theory" and "fact" in science and science textbooks (Right-click to download PDF)
- Expert witness statement of Brian Alters on the pedagogical problems with evolution "warning labels" and antievolution disclaimers (Right-click to download PDF)
December 19, 2006: The lawsuit is settled. Cobb County School District agrees not to disclaim or denigrate evolution in perpetuity. (Settlement and order - PDF)
Frequently Asked Questions
What's wrong with the disclaimer's language?"Theory, not fact" disclaimers have been used by creationists for years in an attempt to cast doubt on evolution. This language is misleading in several ways:
- First, in science, the word "theory" does not mean "guess." Rather, a scientific theory is a well-tested, systematic explanation of facts. Scientific theories are well-supported and well-accepted.
- Second, the theory of evolution is among the most important, well-tested theories in all of science; it is as fundamental to biology as atomic theory is to chemistry, the germ theory of disease to medicine, or Einstein's theory of relativity to physics.
- Third, the sticker singles out evolution from the many theories discussed in science classes, thus implying that evolution requires special skepticism. This is not scientifically justifiable.
The First Amendment of the U.S. Constitution requires that the government be neutral in matters of religion. The government may not give special privileges to a particular religion or promote a partcular religious belief. Cooper ruled that the disclaimer, by denigrating evolution, provides special support for special creationism, a particular religious belief.
More information on the ruling and the disclaimer.
See also:
"Creation sticker shock" by Eugenie Scott, Nicholas Matzke, and Glenn Branch (January 18, 2005)
NCSE News from Georgia
The National Center for Science Education (NCSE). NCSE is the only organization in the country dedicating all its resources to defending the teaching of evolution in the public schools. We work with scientists, teachers, parents, clergy, and citizens from diverse backgrounds on the grassroots level who are actively engaged in protecting evolution in the science curriculum and keeping creationism out.
Our phone number: (510) 601-7203
Visit our web site for more: http://www.ncseweb.org/
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Georgia Citizens for Integrity in Science Education