Rebecca, Monica, Alison, and Liz discuss the religious liberty issues arising in death penalty cases. Since 2019, questions about what religious liberty rights are afforded to those sentenced to death at the moment of their execution have been featured at the high court. Rebecca walks us through four notable cases on this issue and the hosts discuss what it means for religious liberty cases overall.

 

Background

• “Court blocks execution, will weigh in on inmate’s religious-liberty claims”
• Death Penalty Information Center poll

Relevant Cases

• Furman v. Georgia
• Dunn v. Ray
• ”Divided court allows Alabama execution to go forward”
• Murphy v. Collier
• “Supreme Court intervenes in execution of Buddhist prisoner”
• Gutierrez v. Collier
• “Justices block Texas execution”
• Dunn v. Smith
• “Court won’t allow Alabama execution without a pastor”
• Ramirez v. Collier
• Coalition amicus brief

Alison, Rebecca and Monica discuss another tool in our kit to keep religion and government separate: legislative advocacy. Alison, as our resident policy expert, guides us through the many bills that threaten church/state separation wending their ways through state legislatures this year.

Background

• Religious Freedom Restoration Act of 1993 (RFRA)
• BlitzWatch

Relevant Cases

• Obergefell v. Hodges (2015)
• Tandon v. Newsom (2021)
• Employment Division, Department of Human Resources of Oregon v. Smith (1990)
• City of Boerne v. Flores (1997)

 

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Monica, Liz, Rebecca, and Alison review the case, Shurtleff v. City of Boston, in which the city of Boston denied a religious organization, Camp Constitution, its request to fly the Christian flag at city hall. The hosts discuss the free speech and religion clause arguments presented at oral arguments in December 2021.

*Note, this episode was recorded prior to the Supreme Court handing down the decision on May 2, 2022. An update to this episode is forthcoming. 

Background

• Oral Arguments
• SCOTUS Blog
• Camp Constitution’s Website

Relevant Cases

• Pleasant Grove City v. Summum (2009)
• Walker v. Texas Division, Sons of Confederate Veterans (2015)
• Matal v. Tam (2017)

 

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Our website, we-dissent.org, has more information as well as episode transcripts.

Liz, Rebecca, Alison and Monica discuss the “sleeper case” of the Supreme Court term which could upend prohibitions on government funding to religious schools. The lawyers break down the arguments from the case out of Maine, Carson v. Makin, and discuss ramifications and potential outcomes.

Background

• Oral Arguments

• SCOTUS Blog

• The Atlantic - “The Sleeper SCOTUS Case That Threatens the Separation of Church and State”

• Slate - “The Supreme Court’s New Religious Liberty Case Could Destroy Public Education”

 

Relevant Cases

• Trinity Lutheran v. Comer (2017)

• Espinoza v. Montana Dept. of Revenue (2020)

• Zelman v. Simmons-Harris (2002)

• Locke v. Davey (2004)

• Widmar v. Vincent (1981)

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