The Dallas Morning News  – ERV – Pharyngula

AUSTIN – A former state science curriculum director filed suit against the Texas Education Agency and Education Commissioner Robert Scott on Wednesday, alleging she was illegally fired for forwarding an e-mail about a lecture that was critical of the teaching of intelligent design in science classes.

“The agency’s ‘neutrality’ policy has the purpose or effect of endorsing religion, and thus violates the Establishment Clause,” the lawsuit said.

Lawsuit filed by Christina Comer (text pdf)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
(AUSTIN DIVISION)
CHRISTINA CASTILLO COMER
211 Northern Trail
Leander, Texas 78641,
Plaintiff,
ROBERT SCOTT, Commissioner,
Texas Education Agency,
1701 N. Congress Avenue
Austin, Texas 78201,
In his official capacity,
and
TEXAS EDUCATION AGENCY
1701 N. Congress Avenue
Austin, Texas 78201,
Defendants.
v.
COMPLAINT
(For Declaratory and Injunctive Relief for Violation of Establishment and Due Process
Clauses of the United States Constitution)
Introduction
1. Creationism is a religious belief. Teaching creationism as science in public
schools violates the Establishment Clause of the First Amendment to the United States
Constitution. The Texas Education Agency (“Agency”) has a policy of purported “neutrality” on
teaching creationism as science in public schools. By professing “neutrality,” the Agency credits
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creationism as a valid scientific theory. Creationism, however, is not a valid scientific theory; it
is a religious belief. The Agency’s policy is not neutral at all, because it has the purpose or
effect of inviting dispute about an issue-teaching creationism as science in public schools-that
is forbidden by the Establishment Clause. The Agency’s “neutrality” policy has the purpose or
effect of endorsing religion, and violates the Establishment Clause.
2. Christina Castillo Comer was the Director of Science for the Curriculum Division
of the Agency. Director Comer held her position for more than ten years, receiving numerous
awards and commendations for her work. In August 2006, Director Comer’s supervisor
recommended that she receive an “out-of-cycle merit [pay] increase of 3%,” recognizing that
Director Comer “consistently exceeds the expectations for her position.” (Ex. A.)
3. On November 8, 2007, the Agency fired Director Comer for contravening the
Agency’s unconstitutional “neutrality” policy by forwarding an email to other science educators
announcing an upcoming lecture about evolution and creationism. According to the Agency’s
memorandum recommending that Director Comer be fired:
On October 26, 2007, Ms. Comer forwarded an email from her
TEA email account to a group of people, including two external
email groups, that announced a presentation on creationism and
intelligent design entitled “Inside Creationism’s Trojan Horse.”
The email states that the speaker [Barbara Forrest] is a board
member of a science education organization, and the email clearly
indicates that the group opposes teaching creationism in public
education.
When Dr. Jackson asked Ms. Comer about this situation, she
replied that she was only forwarding information. However, the
forwarding of this event announcement by Ms. Comer, as the
Director of Science, from her TEA email account constitutes much
more than just sharing information. Ms. Comer’s email implies
endorsement of the speaker and implies that TEA endorses the
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speaker’s position on a subject on which the agency must
remain neutral. Thus, sending this email compromises the
agency’s role in the TEKS revision process by creating the
perception that TEA has a biased position on a subject directly
related to the science education TEKS.
(Ex. B) (emphases added).

Lawsuit filed by Christina Comer (text pdf)