Just Liberty

It's been a roller-coaster ride over the past few years for those who've been following the current Supreme Court's interpretation of the First Amendment's religion clauses. Decades of jurisprudence has been upended, encouraging states to pass laws that push the constitutional boundaries when it comes to endorsing religious messages.

Is there a way to make sense of recent free exercise and establishment clause Supreme Court decisions? And where could the Court ultimately be taking us?

Frank S. Ravitch, Professor of Law, Michigan State University.

Show Notes

Article by Prof. Ravitch for Liberty magazine about Louisiana's new "In God We Trust" law -  https://www.libertymagazine.org/article/pushing-the-boundaries

Too much, too little, or just right? Has American law found the "Goldilocks point" when it comes to protecting the autonomy of religious institutions, while also protecting other important community interests?

The so-called ministerial exception is seen by some Americans as a tool that allows religious organizations to discriminate with impunity. However, others claim it's essential for protecting the religious identity of faith-based institutions in a society that's growing hostile to traditional faith. Who's right?

Interview with Charles J. Russo, Professor of Law, University of Dayton.

Show Notes

Article by Prof. Russo for Liberty magazine about the ministerial exception - https://www.libertymagazine.org/article/reckoning-with-the-reach-of-the-ministerial-exception

No--"In God We Trust" wasn't inscribed on our currency during the founding era. And the motto "One Nation Under God" has a more recent origin than many might suspect.

We take a fascinating journey into a little-known era of American history; a time when the government was in the business of creating an "American religion."

Interview with Andrew R. Polk, Associate Professor and Director of History Education, Middle Tennessee State University.

Show Notes

Book: Faith in Freedom: Propaganda, Presidential Politics, and the Making of an American Religion by Andrew Polk - https://www.cornellpress.cornell.edu/book/9781501759222/faith-in-freedom/

Liberty magazine article by Andrew Polk - https://www.libertymagazine.org/article/religious-propaganda-and-the-making-of-an-american-religion;

Many Americans believe that religious folk want to have their cake and eat it, too. People of faith want to be protected from discrimination, but they claim the right to discriminate. They want the state to provide robust legal protection and accommodations, but they also want the state to take a hands-off approach when it comes to how religious institutions operate in society.

What's really going on here? And is the Supreme Court's pro-religion streak actually privileging religion in unhealthy ways?

Interview with Steven K. Green, Professor of Law and Director of the Center for Religion, Law & Democracy, Willamette University.

Show Notes

Article by Prof. Green for Liberty magazine on the Supreme Court's lopsided approach to the religion clauses of the First Amendment -  https://www.libertymagazine.org/article/disrupted-symmetry

Religious freedom in America may be headed toward the edge of a cliff. Why? Because survey after survey shows that younger generations of Americans neither understand nor value the crucial role religious freedom plays in our democracy.

What's behind this worrying trend? And can anything be done to rehabilitate the reputation of religious freedom in the eyes of Gen-Zs and Millennials?

Interview with Jaziah B. Masters, Research Fellow, Center for Faith, Justice and Reconciliation, Baptist Joint Committee.

Show Notes

Article by Jaziah Masters for Liberty magazine: "A Religious Freedom Wake-up Call" -  https://www.libertymagazine.org/article/a-religious-freedom-wake-up-call

Should a religious student club have the same access and support on campus as a secular student club? And can a religious student club require its leadership to pledge support for a shared statement of faith?

A recent court decision in California provides hopeful signs that the pendulum may be swinging back toward a fairer deal for students of faith on America's campuses.

Interview with Kim Colby, Center for Law and Religious Freedom, Christian Legal Society.

Show Notes

A win for religious freedom in the 9th Circuit case of Fellowship of Christian Athletes v. San Jose Unified School District: https://www.thefire.org/news/fellowship-christian-athletes-scores-big-ninth-circuit-win-religious-liberty-and-freedom

Case summary: https://www.christianlegalsociety.org/project/fellowship-of-christian-athletes-and-san-jose-unified-school-district/

There's been a rash of state-level laws recently that mandate the posting of "The Ten Commandments" on the walls of public school classrooms. What's behind this? And whose version of these biblical commands are we talking about, anyway?

Interview with Marc Zvi Brettler, Professor of Jewish Studies, Duke University.

Show Notes

The Torah website for academic biblical scholarship - https://www.thetorah.com

Article by Dr. Brettler for Liberty magazine "Thou Shalt Not Lie: The Myth of the Ten Commandments" - https://www.libertymagazine.org/article/thou-shalt-not-lie

It's often been said that those who forget the past are destined to repeat it. If this is true, then we should be taking note of rising rates of antisemitism--not just in America but around the world.

Our conversation in this episode weaves together an intensely personal family history with a discussion of cultural and political warning signs that we would be wise to heed.

Interview with Richard T. Foltin, Fellow for Religious Freedom, Freedom Forum

Show Notes

Article by Dr. Foltin for Liberty magazine: "Yesterday and Today: Ruminations of a Second Generation Holocaust Survivor" https://www.libertymagazine.org/article/yesterday-and-today

For a country that claims religious freedom as a fundamental value, America has sometimes had an odd way of showing it--especially when it comes to workplace accommodations for people of faith. Whether it's time off for Sabbaths, or permission to wear religious garb on the job, American workers have had weak legal protection. That is, until now.

What changed with the recent Supreme Court decision in Groff v. Dejoy? And how should people of faith now understand their rights in the workplace?

Interview with Hiram Sasser, Executive General Counsel, First Liberty Institute

Show Notes

First Liberty Institute | Website - https://firstliberty.org

News coverage of Supreme Court win for religious freedom in Groff v. Dejoy - https://firstliberty.org/news/in-the-news-faithful-carrier-victory/

Best practices for employers updating their religious non-discrimination policies - https://firstliberty.org/wp-content/uploads/2023/08/BusinessCaseOnePager.pdf

It's a decision that gave many Supreme Court watchers a bad case of whiplash. For decades, the Court said that direct state funding for faith-based schools was constitutionally forbidden. But in Carson v Makin, the Court said that those same religion clauses require the state to fund religious schools in some circumstances.

What's behind the Court's 180-degree turn on this issue? And how could it potentially transform our educational landscape?

Show Notes

"A Matter of Interpretation" by Alan Brownstein | Article for Liberty Magazine current trajectory of First Amendment jurisprudence

"A Step Too Far"? by Nicholas Miller, Alan Reinach | Article for Liberty Magazine on the landmark Supreme Course case, Carson v. Makin