Alabama and Texas have filed an amicus brief supporting the Cobb County Disclaimers. Some lowlights:
- Denying the separation of church and state.
- Arguing that the lack of a disclaimer would favor irreligion over religion, promoting hostility towards religion. Apparantly, Alabama and Texas feel that evolution is hostile towards religion.
- Declaring the disclaimer an accomidation of religion, despite the fact that it is on every students’ textbook and not just the students that need “accomodation.”
- Being completely ignorant of the fact that “theory, not fact” is creationist language.


Even if evolution were hostile towards religion, the Supreme Court has already held that non-religion is not religion and a law cannot be struck down under the 1st amendment for promoting non-religion.
I’ve made a note of this one for the next time somebody makes the claim that because religion is based on faith it’s arrogant to use reason to criticise it. It looks like the same kind of bad theology that S. James Gates Jr recently criticised:
Whaddya mean “Texas” filed a brief in favor of the stickers?
Our esteemed attorney general, or just some passing cowboy?
Texas policy is the other way – Texas policy in the topic being made by the legislature and State Board of Education, and not the AG …
Or – unholy of unholies – was it the Texas SBOE, crawfishing on their official policies?
Ed,
The states of Alabama and Texas have filed a brief as amici curiae. I have a copy of their brief on my server. Their AGs are listed as the counsel for the amici.
Update