Parents sue Cobb schools for putting disclaimers in books that teach the theory:
God, here we go....Scopes II in Newt Gingrich's old district--snip--
Enter Marjorie Rogers, a parent for whom evolution is a theory that doesn't fly. Her 2,300-signature petition decrying "Darwinism, unchallenged" prompted the school system to put evolution disclaimers on the inside front cover of the science books used in middle and high schools. And that, in turn, prompted another group of parents to file a federal lawsuit with potentially national implications.
--snip--
The trial is expected to raise these questions:
• Is Intelligent Design, a leading alternate theory espoused by many opponents of evolution, religious? Intelligent Design holds that the variety of life on Earth results from a purposeful design rather than random mutation and that a higher intelligence guides the process.
• And, if the theory is found to be religious, do Cobb's disclaimers, which don't mention religion or Intelligent Design by name, violate the separation between church and state?
Six parents have sued the Cobb school system over the disclaimers, which read, "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." Filed in August 2002, the parents' lawsuit is backed by the American Civil Liberties Union. It contends that the placement of the disclaimers restricts the teaching of evolution, promotes and requires the teaching of creationism and Intelligent Design and discriminates against particular religions.
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http://www.ajc.com/news/content/metro/cobb/1004/07evolution.html