[p 38 ff]
Due to the manner in which the Sticker refers to evolution as a theory, the Sucker 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 As Plaintiffs argue and Dr Miller, the co-author of the science textbook, testified, the use of "theory" in the Sticker plays on the colloquial or popular understanding of the term and suggests to the informed, reasonable observer that evolution is only a highly questionable "opinion" or a "hunch " The Sticker thus has a great potential to prompt confusion among the students.' While there may be an educational benefit to students spending time learning the general difference between a theory and a fact as a scientific matter, teachers have less time to teach the substance of evolution. Thus, although evolution is required to be taught in Cobb County classrooms as a technical matter, distracting tangential issues effectively dilute evolution instruction to the benefit of the anti-evolutionists who are motivated to advance their religious beliefs.skip
[p 42] In sum, the Sticker in dispute violates the effects prang of the Lemon test and justice O'Connor's endorsement test, which the Court has incorporated into its Lemon analysis Adopted by the school board, funded by the money of taxpayers, and inserted by school personnel, the Sticker conveys an impermissible message of endorsement and tells some citizens that they are political outsiders while telling others that they are political insiders. Regardless of whether teachers comply with the Cobb County School District's regulation on theories of origin and regardless of the discussions that actually take place m the Cobb County science classrooms, the Sticker has already sent a message that the School Board agrees with the beliefs of Christian fundamentalists and crest ionrsts. The School Board has effectively improperly entangled itself whiz religion by appearing to take a position Therefore, the Sticker must be removed from all of the textbooks into which it has been placed .
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p43 In the instant case, it is undisputed that the Cobb County School Board used the money of taxpayers to produce and place the Sticker in dispute in certain of the Cobb County School District science textbooks This Sticker aids the beliefs of Christran fundamentalists and creationists. In light of the prior interpretation of the Georgia Constitution provision challenged by the Plaintiffs and given the Court's conclusion above that the Sticker violates the Establishment Clause of the First Amendment, the Court likewise concludes that the Sticker runs afoul of the Georgia Constitution.
CONCLUSION
Fox the abode-stated reasons, the Court hereby FINDS and CONCLUDES that the Sucker [hee hee, hysterical typo] adopted by the Cobb County Board of Education violates the Establishment Clause of the First Amendment and Article I, Section II, ParagraphVII of the Constitution of the State of Georgia In light of this conclusion, the Court hereby ORDERS as follows
1 . Defendants shall immediately remove the Sticker from all science textbooks into which the Sticker has been placed
2 Defendants are permanently enjoined from disseminating the Sticker in any form
3 Because Plaintiffs seek nominal damages, Plaintiffs shall file with the Court and serve upon Defendants then claim for damages and a verified statement of any fees and/or costs to which they claim entitlement. Defendants shall have the right to object to any such fees and costs as provided in the applicable statutes and court rules.