Evolution appeal cites flawed logic: School board in Cobb says judge erred in ruling
19th January 2005
By Kristina Torres
The Atlanta Journal-Constitution
Published on: 01/19/05
Cobb County’s appeal of a federal court ruling banning disclaimers about evolution likely will center on one question: Can someone reasonably assume the stickers in science textbooks convey a religious message when they don’t mention religion at all?
U.S. District Court Judge Clarence Cooper ruled last week that the disclaimers convey an unconstitutional endorsement of religion. But Cobb school board attorney Linwood Gunn said Tuesday that Cooper also noted in his ruling that board members didn’t intend to promote religion in 2002, when they adopted the disclaimers. The disclaimers call evolution “a theory, not a fact.”
In other words, board members don’t think the judge got his story straight, so it’s on to the 11th Circuit Court of Appeals in Atlanta.