A Creeping Theocracy?

[Bradley P Jacob]

Religion A: Guns should be forbidden.
Religion B: Individual freedom to bear arms.

Religion A: Government-run programs for the poor.
Religion B: Leave charity for individuals and churches.

Religion A: Make just war on terrorists.
Religion B: Pacifism even when attacked.

Religion A: Flat tax.
Religion B: Graduated income tax.

Religion A: Abortion on demand.
Religion B: Protect babies' right to life.

etc., etc.

Yes, I can easily dismiss the question.  The Establishment Clause was
written to forbid the creation of a national church.  It does not prevent
policy makers from making policy decisions on issues that might coincide
with their religious beliefs.  Does a criminal prohibition on murder "run
afoul of the Establishment Clause"?  After all, we wouldn't want the
government to prefer Judeo-Christian values over the pro-Jihad, pro-murder
beliefs of Taliban supporters, would we?  Context is irrelevant; these
policy issues -- like stem-cell research -- do not implicate the
Establishment Clause.  Agree or disagree with the decision; work to change
it if you disagree; but the First Amendment is silent on the subject.

Brad
_______________________________

Professor Bradley P. Jacob
Regent University School of Law
1000 Regent University Drive
Virginia Beach, VA 23464-9800
Voice 757-226-4523
Fax 757-226-4329
Email bradjac at regent.edu
_______________________________


-----Original Message-----
From: Law & Religion issues for Law Academics
[mailto:RELIGIONLAW at listserv.ucla.edu]On Behalf Of Michael deHaven Newsom
Sent: Tuesday, November 27, 2001 1:10 PM
To: RELIGIONLAW at listserv.ucla.edu
Subject: Re: A Creeping Theocracy?

Does it matter that different religions might reach different conclusions
on the question of stem cell research?  I think that it does, and that is
the problem.  The question is not necessarily one of religion versus
secularism, but may be one of religion A versus religion B.  Surely the
Religion Clauses are relevant here.  For the government to favor religion
A may, in this instance, run afoul of the Establishment Clause.  To
determine whether there is an actual violation requires a careful
analysis of the facts and the context in which the preference manifests
itself.  But whatever the answer, one cannot easily dismiss the question.