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School Agency's Creationism Neutrality Does Not Violate Establishment Clause

By Howard M. Friedman

In Comer v. Scott, (WD TX, March 31, 2009), a Texas federal district court rejected an Establishment Clause challenge to a policy of the Texas Education Agency that required its Director of Science to remain publicly neutral regarding the teaching of creationism. The Director, Christina Comer, was fired for forwarding to two listservs and seven science educators an announcement about an anti-Creationism talk that was being presented in Austin. The court emphasized that the Texas Education Agency supports the elected State Board of Education as the Board develops curriculum, and Agency employees are prohibited from taking sides on issues that the Board must resolve. The court concluded that the neutrality policy does not advance religion and therefore does not violate the Establishment Clause. It rejected Comer's argument that the neutrality policy amounted to the Agency's unconstitutionally treating religion like science. The Dallas Morning News reported on the decision yesterday. (See prior related posting.)

Full post as published by Religion Clause on April 01, 2009 (boomark / email).