Selman v. Cobb County School District
2005 U.S. Dist. LEXIS 432, 390 F. Supp. 2d 1286, 2005 WL 83829 (2005)
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Rule of Law:
The Establishment Clause of the First Amendment prohibits public school boards from taking actions that, despite asserted secular purposes, have the primary effect of conveying a message of religious endorsement or disapproval to a reasonable observer, especially impressionable students, by aligning with religiously motivated criticisms of scientific theories.
Facts:
- In 1995, the Cobb County School District maintained a policy that acknowledged some scientific accounts of human origin conflicted with family teachings and restricted the teaching of human origin in elementary and middle schools.
- In Fall 2001, the Cobb County School District initiated a process to adopt new science textbooks and revise its policy to strengthen evolution instruction to comply with statewide curriculum requirements.
- Parents, most notably Marjorie Rogers, voiced opposition to the new textbooks for presenting only evolution and not offering alternative theories or criticisms, leading Ms. Rogers to organize a petition with about 2,300 signatures requesting a statement distinguishing theory from fact.
- Cobb County School District's legal counsel recommended specific language for a sticker to address parent concerns within legal boundaries.
- On March 28, 2002, the Cobb County School Board unanimously adopted the recommended science textbooks on the condition that the Sticker, stating 'Evolution is a theory, not a fact,' would be placed inside.
- Between Summer and Fall 2002, the School Board used taxpayer funds to produce the Stickers, which school personnel then physically affixed into all science textbooks containing material on the origin of life.
- In September 2002, after the Sticker's adoption, the School Board revised its official policy on theories of origin, stating its purpose was to foster critical thinking, academic freedom, tolerance, and neutrality toward religion.
- After the Sticker was implemented, some students pointed to its language to argue that evolution does not exist, and science teachers reported that the Sticker caused confusion and required significant additional class time to explain the scientific distinction between 'fact' and 'theory.'
Procedural Posture:
- Plaintiffs Jeffrey Michael Selman, Kathleen Chapman, Jeff Silver, Paul Mason, and Terry Jackson, parents of students in Cobb County schools, filed an action under 42 U.S.C. § 1983 against Defendants Cobb County School District and Cobb County Board of Education in the United States District Court for the Northern District of Georgia, challenging the constitutionality of a sticker placed in science textbooks.
- The Plaintiffs sought declaratory and injunctive relief, nominal damages, costs, and attorneys’ fees.
- The District Court previously entered an order ruling on a Motion to Exclude Witness Testimony and had also ruled on a motion for summary judgment, finding at that stage that the School Board did not act with the purpose of promoting or advancing religion.
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Issue:
Does a public school board's placement of a sticker in science textbooks, stating that evolution is 'a theory, not a fact' and should be 'critically considered,' violate the Establishment Clause of the First Amendment and the Georgia State Constitution, given the historical context of religious opposition to evolution?
Opinions:
Majority - COOPER, District Judge
Yes, the Cobb County School Board's sticker violates the Establishment Clause of the First Amendment and Article I, Section II, Paragraph VII of the Constitution of the State of Georgia because, despite its asserted secular purposes, its primary effect is to endorse religion and foster an improper entanglement between government and religion. The court applied the three-prong Lemon test, combining the second and third prongs (effect and entanglement) into a single 'effect' inquiry. First, regarding the 'purpose' prong, the court found two clearly secular purposes: fostering critical thinking among students and reducing offense to those whose personal beliefs might conflict with the teaching of evolution. The court acknowledged that the School Board's decision was influenced by sectarian interests but concluded that mere accommodation of religion is not unconstitutional, and the stated purposes were sincere, not a sham. However, the court emphasized that the 'purpose' prong is not the sole determinant. Second, in evaluating the 'effect' prong, the court concluded that an informed, reasonable observer would interpret the Sticker as conveying a message of endorsement of religion. The Sticker, by stating 'evolution is a theory, not a fact,' aligns the School Board with Christian fundamentalists and creationists who historically have used this distinction to challenge evolution education. This sends a message to those who oppose evolution for religious reasons that they are favored members of the political community, and a message to those who accept evolution as a scientific fact that they are political outsiders. The court highlighted that this is particularly problematic in public schools with impressionable students. By singling out evolution and characterizing it in a way that plays on the colloquial understanding of 'theory,' the Sticker implicitly bolsters alternative religious theories of origin, misleads students about evolution's scientific standing, and undermines evolution instruction. The Sticker's prominent placement and exclusive focus on evolution, despite the Board's general commitment to critical thinking for all subjects, further amplify this impermissible message of endorsement. The court concluded that the Sticker's primary effect surpasses legitimate accommodation and instead endorses a specific religious viewpoint, thus violating the government's mandate of complete neutrality toward religion. Finally, the court found the Sticker also violates Article I, Section II, Paragraph VII of the Georgia Constitution, which prohibits taking public money to aid any church or religious denomination. Since taxpayer funds were used to produce and place a sticker that aids the beliefs of Christian fundamentalists and creationists, this provision was also breached.
Analysis:
This case significantly clarifies the limits of 'accommodation' and 'critical thinking' as secular justifications for school board actions touching on religious issues, particularly in the context of evolution education. It reinforces the principle that even subtle or implicitly religious messages, when viewed by an informed, reasonable observer in their historical and social context, can violate the Establishment Clause. The decision signals to public school districts that policies or materials that appear to dilute established scientific theories for religious reasons will face strong judicial scrutiny. It emphasizes the judiciary's role in protecting impressionable students from perceived governmental religious endorsement and maintaining a clear separation of church and state in educational curricula.
