Christine Comer - Lawsuit

Lawsuit

In mid 2008, Comer filed a suit in federal court in Austin, Texas, that stated that the policy she was terminated for contravening (which required employees to be neutral on the subject of creationism) was unconstitutional, as the Supreme Court of the United States has ruled that teaching creationism as science in public schools is illegal. Comer also stated in her complaint that she was fired without due process after serving as the state science director for nearly 10 years. Her lawsuit sought a court order overturning the neutrality policy on teaching creationism and declaring that her dismissal was illegal under the Constitution and her reinstatement. A federal judge dismissed the lawsuit on March 31, 2009.

In August 2009, Comer appealed the dismissal decision to the United States Court of Appeals for the Fifth Circuit (docket 09-50401). Appeal arguments were heard in April, 2010, and the court ruled on July 2, 2010, that the TEA's policy does not violate the First Amendment's religious freedom clause because it does not advance or inhibit the practice of religion.

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