With great appreciation for Eugene's moderation of this list, which is
essential to its value (and appreciation for his creating such a wonderful
venue for discussion in the first place):

I think there is a lower signal to noise ratio on this list than there used
to be. Perhaps all of us can be sensitive to that and can try to focus our
posts on the purpose of the list.

As I now understand it, Paul pointed out a lot of flaws in Christianity to
show how a course could be taught that would have a narrow anti-Christian
point of view. I gather he would consider such an anti-Christian course to
be just as objectionable as a narrowly pro-Christian course. And Paul
assumed the courses at the Christian high schools (that is, the courses that
the UC is refusing to recognize as meeting its curricular requirements)
would be narrowly pro-Christian, with no discussion of Christianity's flaws.
The argument then is that if the UC is not to be permitted to judge whether
pro-Christian courses are acceptable, then it also should not be permitted
to judge whether anti-Christian courses are acceptable. This is a kind of
reductio ad absurdum designed to convince list members that some kind of
review of viewpoint by the UC is appropriate. Perhaps then some of us would
back away from a claim that the UC was engaging in unconstitutional
viewpoint discrimination by refusing to recognize the pro-Christian courses.

I did not read Paul's post as making that argument until, in a later post,
he clarified what he was saying. Initially, I simply was offended by the
laundry list of evil attributed to Christianity and by what seemed to me to
be a stereotyping of religious educators. As clarified, I think his point is
very germane to this list's topic. And let me say that I value the
substantial contribution Paul makes to the list (though I usually disagree
with him!).

I agree with Eugene that it is not enough that a post "dramatize the ample
space available for critical discourse about the dominant religion in
American life." But if a post examines the degree to which a government body
may demand that a private high school's courses include such critical
discourse, then that seems to me to be on topic for the list.

My point, in response to Paul, is that the UC violates the Free Speech and
maybe the Free Ex. Clauses if it singles out Christian high schools by only
asking whether Christian schools' courses are taught with an appropriate
breadth of viewpoint. I also think the content of the courses at the
Christian schools is likely to be broader than Paul assumes, and thus they
are not likely to be analogous to his hypothetical, narrowly focused
anti-Christian course. 

Mark S. Scarberry
Pepperdine University School of Law

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