COMER v. SCOTT

No. 09-50401.

610 F.3d 929 (2010)

Christina Castillo COMER, Plaintiff-Appellant, v. Robert SCOTT, Commissioner, Texas Education Agency, in his official capacity; Texas Education Agency, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 2, 2010.


Attorney(s) appearing for the Case

Douglas Bennett Mishkin (argued), John L. Oberdorfer, Patton Boggs, L.L.P., Washington, DC, for Comer.

James C. Ho, Sol. (argued), Evan Scott Greene, Thomas Matthew Lipovski, Austin, TX, for Defendants-Appellees.

Before BENAVIDES, STEWART and SOUTHWICK, Circuit Judges.


BENAVIDES, Circuit Judge:

In the present case, this Court is presented with the question of whether the Texas Education Agency's ("TEA") neutrality policy constitutes an establishment of religion, in violation of the First Amendment's Establishment Clause. Because we find no evidence to support the conclusion that the principal or primary effect of TEA's policy is one that either advances or inhibits religion, we conclude that the policy does not violate the Establishment...

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