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Comer v. Scott

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 there is no evidence to support the conclusion that the principal or primary effect of TEA's policy is one that either advances or inhibits religion, the policy does not violate the Establishment Clause. 5th U.S. Circuit Court of Appeals, No. 09-50401, 07-08-2010

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Published opinion

Before BENAVIDES, STEWART, and SOUTHWICK, Circuit Judges.

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 Clause. As such, we affirm the decision of the district court.

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