Istook Amendment

[Doug Laycock]

        We have talked about Istook on this list before, and the draft has
not gotten any better.

        1.  It does nothing about Smith or Boerne, and it really can't,
because Istook's agenda has a different (and much narrower) coalition of
supporters.

        2.  As Michael McConnell said, the text of the amendment is
studiously ambiguous on whether it means an individual or collective right
to religious observance.  But Istook is clear that he means a collective
right; he wants prayer back in the classroom.   And the speech part of the
amendment does nothing if it doesn't do that.  There is no discrimination
problem to be fixed.

        3.  The general nondiscrimination provision has bite as to funding
measures.  It would of course be highly controversial, but it becomes even
more so as long as it is entangled in a school prayer amendment.


Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
        512-471-3275 (voice)
        512-471-6988 (fax)
        dlaycock at mail.law.utexas.edu