On Thursday, May 25, 2006, the United States Court of Appeals for the Eleventh Circuit ruled in favor of keeping an open mind. The federal court, made up of three justices (one appointed by former President Bush, one by former President Clinton, and one by current President Bush) voted unanimously to send back the case discussing the constitutionality of disclaimers in science texts to the trial court. The earlier decision in the case Selman v. Cobb County School District ordered that disclaimers be removed from biology textbooks in the Cobb County School District in Georgia.
The disclaimer at the center of the controversy 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 complaint, voiced during the trial, from evolutionists, such at Dr. Kenneth Miller, Ph.D., a professor at Brown University and co-author of the biology textbook Biology, was with the phrase "this material should be approached with an open mind...."
This decision stops short of declaring the disclaimer constitutional, but it demands that more evidentiary hearings be held before a ruling be rendered. While disclaimers are not the best way to approach the ID and evolution issue in schools, to demand a disclaimer removed that makes no mention of intelligent design and asks students to keep an open mind is unreasonable. The court made the right decision in throwing out the lower court's decision.