"Research" question
Mark Tushnet
tushnet at law.georgetown.edu
Tue Mar 7 06:27:05 PST 2006
I'm writing something in which I try to describe (in as neutral a way as
I can) the litigation goals likely to be sought in the foreseeable
(mid-range) future by (and here it's hard to offer a neutral
characterization, but) what I describe as the politically mobilized
Christian evangelical movement. Here's my list. Additions and
amendments (not all of which I'll accept, of course) welcome:
Few of the issues of interest to the politically mobilized Christian
evangelical movement are off the wall,[1] <#_ftn1> and a fair number are
close to acceptance already. (1) Obviously, the overruling of /Roe v.
Wade/, but not . . . the adoption of a constitutional requirement that
abortion be lawful only under quite restricted conditions. (2)
//Acknowledgment by government of the (essential) role of Christianity
in the creation of the United States, and in embedding basic values in
American political culture. (3) Extension of public support for
faith-based institutions, including religiously affiliated schools,
whether through vouchers or direct grants. (4) Protection from the
application of anti-discrimination laws to those whose decisions,
otherwise covered by such laws, rest on religious grounds. (5) A
cluster of issues related to the teaching of the Darwinian theory of
evolution in public schools: (a) Establishing the proposition that it
is constitutionally permissible to characterize that theory as a "mere"
theory; (b) allowing public schools to teach alternatives to Darwinian
theory even though those alternatives can be characterized as religious;
(c) requiring public schools to reach such alternatives. (6) Again, a
cluster of issues aimed at eliminating some regulations imposed on
religiously affiliated schools.
------------------------------------------------------------------------
[1] <#_ftnref1> The only one I can think of is the possibility that
governments could issue declarations that the United States "is" a
Christian nation, and it is not clear to me that there is any real (as
distinct from rhetorical) interest in the movement in seeing that
legislatures adopt such declarations.
--
Mark Tushnet
Georgetown University Law Center
600 New Jersey Ave. NW
Washington, DC 20001
202-662-9106 (voice)
202-662-9497 (fax)
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