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 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" has the purpose or effect of endorsing religion, and violates the Establishment Clause.
After all the negative publicity, the mocking editorials, the scorn of the education community, and now this - a serious lawsuit - firing Comer looks like the dumbest thing TEA could have done.