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 ATLANTA - A federal appeals panel Thursday questioned the accuracy of a judge‘s ruling that a disclaimer in school textbooks describing evolution as "a theory, not a fact" represents an endorsement of religion.

"It is a theory, not a fact; the book supports that," Carnes said.

Cobb County schools attorney Linwood Gunn argued Thursday that Cooper misconstrued the school board‘s intention, which he said was to allay community concerns while teaching good science.

Jeffrey Bramlett, arguing for the American Civil Liberties Union and parents, cited the book‘s author, Kenneth Miller, who testified it would be misleading to say evolution is not a fact.

Carnes, considered one of the court‘s most conservative members, was joined on the panel by Judge Frank Hull, a Clinton appointee, and Judge William Pryor, a controversial appointment last year by President Bush .

The stickers were plac‘ed on about 35,000 books in suburban Cobb County in 2002 and 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."

In Pennsylvania, a federal judge has yet to decide whether Dover schools may require "intelligent design" be taught in ninth-grade biology classes.

Last year, Georgia‘s state schools superintendent proposed a statewide science curriculum that dropped the word "evolution" in favor of "changes over time," but the plan was quickly scrapped amid protests by teachers.