Judge: Evolution stickers unconstitutional

Markers in science textbooks violated church-state separation

ATLANTA, Georgia (CNN) -- A federal judge in Atlanta, Georgia, has ruled that a suburban county school district's textbook stickers referring to evolution as "a theory not a fact" are unconstitutional.

In ruling that the stickers violate the constitutionally mandated separation between church and state, U.S. District Judge Clarence Cooper ruled that labeling evolution a "theory" played on the popular definition of the word as a "hunch" and could confuse students.

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."

The disclaimers were put in the books by school officials in 2002.

"Due to the manner in which the sticker refers to evolution as a theory, the sticker also has the effect of undermining evolution education to the benefit of those Cobb County citizens who would prefer that students maintain their religious beliefs regarding the origin of life," Cooper wrote in his ruling.