Atlanta-area school board abandons evolution sticker case

? A suburban school board that put stickers in high school science books saying evolution is “a theory, not a fact” abandoned its legal battle to keep them Tuesday after four years.

The Cobb County board agreed in federal court never to use a similar sticker or to undermine the teaching of evolution in science classes.

In return, the parents who sued over the stickers agreed to drop all legal action.

“We certainly think that it’s a win not just for our clients but for all students in Cobb County and, really, all residents of Georgia,” said Beth Littrell of the American Civil Liberties Union of Georgia.

The case briefly became an issue in Kansas in 2005, when Attorney General Phill Kline told State Board of Education members in private meetings that he would defend them if they wanted to put such stickers in textbooks.

The board didn’t pursue the idea but instead rewrote science standards to incorporate anti-evolution language. After elections this year overturned the board’s 6-4 conservative Republican majorities, those standards are likely to become evolution-friendly again in the future.

The Altanta school board placed the stickers inside the front cover of biology books in 2002 after a group of parents complained that evolution was being taught to the exclusion of other theories, including a literal reading of the biblical story of creation.

The stickers 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.”

A federal judge ordered the stickers removed in 2005, saying they amount to an unconstitutional government endorsement of religion. The school board appealed, but a federal appeals court sent the case back, saying it did not have enough information.

“We faced the distraction and expense of starting all over with more legal actions and another trial,” said board chairwoman Teresa Plenge. “With this agreement, it is done and we now have a clean slate for the new year.”

School board attorney Linwood Gunn said the agreement is not an admission that the stickers were unconstitutional. “The school board attempted to reach what they thought was a reasonable compromise,” he said.

The board agreed to pay about one-third of the plaintiffs’ court costs, Gunn said.