Christine Comer Loses Her Appeal

As regular readers of this blog will remember, Christine Comer was forced to resign as the Texas Education Agency’s director of science curriculum back in 2007 when she forwarded an email announcing a lecture by Barbara Forrest promoting the teaching of evolution and criticizing “intelligent design.” The agency accused Comer of violating its policy requiring neutrality when talking about evolution and creationism.
In 2008, Comer filed a lawsuit challenging the constitutionality of the policy, but a federal judge dismissed the case. Comer then asked the 5th U.S. Circuit Court of Appeals to reverse the decision. But late last week, it upheld the lower court’s decision, finding the agency’s policy is not unconstitutional.
As Judge Fortunato Benavides explains in the decision, posted by the NCSE:

Upon review of the record and applicable law, we cannot conclude that TEA’s neutrality policy has the “primary effect” of advancing religion. The fact that Comer and other TEA employees cannot speak out for or against possible subjects to be included in the curriculum—whether the considered subjects relate to the study of mathematics, Islamic art, creationism, chemistry, or the history of the Christian Crusades—their silence does not primarily advance religion, but rather, serves to preserve TEA’s administrative role in facilitating the curriculum review process for the Board.

Category: Disputes


3 Responses

  1. Human Ape says:

    The flat-earthers won this time.

  2. Ted K says:

    Perhaps freedom of speech and expression has triumphed here over dogmatic materialist ideology.

  3. VA says:

    I worked at the TEA (Information Technology) for a while. Their technology, standards and general attitude towards school districts that they server – is ‘ho-hum’ at best – and downright callous at it s worst.

    They actively discourage fresh ideas within their I.T. – and are quick to shoot down any improvements and enhancements (which is one of the reasons their I.T. is still about 10 years behind the rest of the world).

    I can see how their bureaucratic atmosphere would lead to the firing of any employee (even a director level person) who ‘DARED’ show that they were capable of original thought.

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