Can Someone Explain This to Me?

I'm really scratching my head here after reading this article on MSN today. In essence, a judge has ruled it unconstitutional for a public school system to include the following statement inside the biology books:

“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 lawyer who sued on behalf of the parents (of six students) believes they will be pleased that their children will be "permitted to learn science unadulterated by religious dogma.”

Since when does stating the facts constitute religious dogma? It seems we're moving closer to becoming a nation where if someone even thinks you're pushing a religious agenda, you must be.