Yesterday the 5th Circuit heard oral arguments in a case involving the firing of Texas' science education director, Christina Comer. The head of the state's education agency dismissed Comer for forwarding an e-mail advertising a lecture seen as anti-Creationism, on the theory that her action violated the state's religious neutrality policy. Comer is challenging the constitutionality of the neutrality policy, and appealing a lower court's ruling dismissing her claim.
The Washington Post reports on the appellate hearing
Douglas Mishkin, a lawyer for Comer, said the agency's neutrality policy violates the First Amendment's establishment clause because it endorses a religious belief.
"It takes something that's not science and treats it as if it is," he said.
Judge Fortunato Benavides pressed Mishkin to explain how the agency violated the establishment clause.
"I can see a free speech claim," the judge said. "This looks like to me a First Amendment claim in the robe of an establishment claim."
