On Friday three organizations that support separation of church and state filed an amicus brief (full text) in the federal 11th Circuit Court of Appeals case of Cobb County School District v. Selman. The suit involves a challenge to the placing of anti-evolution disclaimer stickers on school textbooks. Releases by the American Jewish Committee and Americans United for Separation of Church and State announced the filing. Also signing the brief was the Anti-Defamation League.
The federal district court had found in its opinion that the stickers were unconstitutional because they had the effect of endorsing the beliefs of Christian fundamentalists. The amici challenge a different finding that the lower court made—that the stickers did not have a “religious purpose”. The lower court held: “by presenting evolution in a manner that is not unnecessarily hostile, the Sticker reduces offense to students and parents whose beliefs may conflict with the teaching of evolution.” The brief argues that placating constituents who have religious opposition to the teaching of evolution should be seen as a “religious” purpose.
