I'm Scratching My Head

This is about the most bizarre ruling I've seen:

ATLANTA, Georgia (CNN) -- A U.S. District Court judge has ruled that a school district in suburban Atlanta, Georgia, must remove an evolution disclaimer inside textbooks.
The stickers inside the Cobb County School District's science books said "Evolution is a theory not a fact."

The ruling issued by U.S. District Judge Clarence Cooper said the stickers violate the Establishment Clause of the U.S. Constitution.

Parents in Cobb County, a politically conservative area northwest of Atlanta, and the American Civil Liberties Union had challenged the stickers in court, arguing they violated the constitutional separation of church and state.

1. The phrase "Evolution is theory not a fact" is true. Any scientist will tell you. Now, those backing the inclusion of the statement may have different motives, but the Court is not asked to rule on motives. It must rule on the activity in question.

2. How does this scientific statement violate the Establishment Clause? What is it establishing?

3. Cobb County is indeed a "politically conservative area". But what about the American Civil Liberties Union? Is that not a "politically liberal organization"? It seems to me if you are going to label one side, you probably ought to label the other. But that would be fair and balanced, wouldn't it?