"Research" question

Mark Tushnet tushnet at law.georgetown.edu
Wed Mar 8 10:02:46 PST 2006


Thanks.

Marc Stern wrote:

> Mark:
> I would add something about gay rights and probably something about 
> prayer-even Cvhritisn prayer -in public spaces including public schools.
>
> Marc Stern
>
>  
>
> * From: * religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] *On Behalf Of *Mark Tushnet
> *Sent:* Tuesday, March 07, 2006 9:27 AM
> *To:* Law & Religion issues for Law; Law & Religion issues for Law 
> Academics
> *Subject:* "Research" question
>
>  
>
> 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.
>
> 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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-- 
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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