5th Circuit Hears Oral Arguments On Texas School Agency Creationism Policy

Yesterday the U.S. 5th Circuit Court of Appeals heard oral arguments in Comer v. Scott. (Recording of oral arguments.) In the case the district court rejected an Establishment Clause challenge to a policy of the Texas Education Agency (TEA) 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. (See prior posting.) Yesterday the Washington Post reported on the 5th Circuit oral arguments. Judge Fortunato Benavides pressed Comer's lawyer on why this wasn't a free speech claim instead of an establishment clause one. Lawyer Douglas Mishkin said that TEA's neutrality policy endorses a religious belief.