Christian Conservatives Go to Court: Religion and Legal Mobilization in the United States and Canada

The American exceptionalism thesis holds that American political culture produces an unusually litigious society. The US Christian right has participated in litigation, especially in constitutional rights cases dealing with issues such as religious schools and abortion. However, since 1982 Canada has had a constitutional Charter of Rights and an increasingly active Christian right of its own. We compare data on Christian right involvement in education, abortion, and “right to die” (euthanasia, assisted suicide or mercy killing) cases at the Supreme Court level in both countries. Among North America’s Christian conservatives, exceptionalism has eroded, but not disappeared. We employ interviews and data on religious interest groups to analyze the sources of legal mobilization, and find that it is a matter not just of political culture, but also resource mobilization, political opportunity structures, and religious worldviews

Higher Law: Can Christian Conservatives Transform Law Through Legal Education?

The allure of law schools as transformative institutions in the United States prompted Christian Right leaders to invest in legal education in the 1990s and early 2000s. The aspiration was to control the training of lawyers in order to challenge the secular legal monopoly on law, policy, and culture. In this article, we examine three leading Christian conservative law schools and one training program dedicated to transforming the law. We ask how each institution seeks to realize its transformative mission and analyze how they organize themselves to produce the kinds of capital (human, intellectual, social, cultural) needed to effectively change the law. To do so, we develop a typology of legal institutionbuilding strategies (infiltration, supplemental, and parallel alternative) to compare the relative advantages and disadvantages of institutional forms. We conclude by discussing implications of our findings for those looking to law schools as sites of broader transformation within the law