Appeals court refuses to reinstate lawsuit

AUSTIN, Texas (AP) - 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.