RE: "Research" question

[Marc Stern]

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: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] 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] 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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