The ACLU of Georgia filed a lawsuit over the evolution disclaimers the County School Board placed in their high school biology textbooks. The case challenged the disclaimer adopted by the School Board that stated “evolution is a theory, not a fact,” and that the theory should be “critically considered.” On November 8, 2005, the judge held a four-day trial.

On January 13, 2006, Judge Cooper ruled that although the School Board did have a secular purpose in providing the disclaimers, the stickers impermissibly endorsed religion. The stickers were then removed.

The Cobb County School Board appealed the case and the 11th Circuit ultimately sent the case back to the trial court for further review. Prior to the retrial, the parties settled the case. As a result, the stickers with the disclaimer will remain out of the textbooks and Cobb County agreed that in the future, stickers or other types of disclaimers would not be used teaching evolution.

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