Christina Comer Loses Her Appeal

TWO months ago we posted Christina Comer Appeal: Oral Argument Today. Here’s a bit of background:

Comer had sued the Texas Education Agency (the “TEA”) and Education Commissioner Robert Scott, alleging that she was fired merely because she forwarded an email from the National Center for Science Education’s Glenn Branch announcing a talk by NCSE board member Dr. Barbara Forrest, who was to give a lecture that was critical of teaching of intelligent design in science classes. One might say that Comer was “Expelled.”

Comer lost her case at the trial level. This is the judgment against her. She appealed. The National Center for Science Education (NCSE) has an archive of all the relevant court documents.

The Houston Chronicle has this brief article: Appeals court refuses to reinstate lawsuit. It says:

A federal appeals court has refused to reinstate a lawsuit against the Texas Education Agency by a former state science curriculum director who said she was illegally fired and that the agency’s neutral position on the teaching of creationism was unconstitutional.

The New Orleans-based 5th U.S. Circuit Court of Appeals on Friday upheld a lower court’s decision to dismiss the lawsuit by Christina Comer.

Comer’s lawsuit alleged that her firing by state Education Commissioner Robert Scott in November 2007 was improper because she was accused of violating an “unconstitutional” policy.

That’s all the news we have. Here’s a link to an online copy of the court’s opinion: Appellate Opinion (15-page pdf file).

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One response to “Christina Comer Loses Her Appeal

  1. techreseller

    Here’s to hope that once this case gets into a court that is outside the American South, reason will prevail. It is too hard on the judges there to decide any differently. Otherwise they are pilloried at church (Christian naturally), in their private clubs and on the golf course.