We Dissent

Alison, Rebecca, and Liz discuss the pending Post Office case—Groff v. DeJoy—another high-stakes case in which the Supreme Court considers how much hardship a business must bear to accommodate the religious practices of employees. They explain how the case threatens to disrupt decades of case law interpreting Title VII of the Civil Rights Act and what the oral arguments may have signaled about the potential outcome.

Background

• SCOTUS Blog Page

• Oral arguments transcript

• Freedom From Religion Foundation's amicus brief

• Center for Inquiry and American Atheists' amicus brief

• SCOTUS Blog - "Justices look for common ground in postal worker's religious liberty case"

• Vox - "The Supreme Court is unlikely to put the Christian Right in charge of your workplace — at least not yet"

• Time - "The Post Office Made a Christian Employee Work on Sundays. Now He's at the Supreme Court"

• New York Times - "Supreme Court Weighs Clash of Postal Worker's Sabbath and Sunday Deliveries"

Cases

• Trans World Airlines, Inc. v. Hardison (1977)

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

Rebecca, Liz, and Alison discuss the state of state/church separation with Professor Caroline Corbin, constitutional law professor at the University of Miami. They review the history of Establishment Clause jurisprudence, remind listeners about what the Supreme Court did to the religion clauses in 2022, and discuss where we stand now in regards to rights under the First Amendment. TLDR: If you're a Christian, rest assured it's a "Heads I Win, Tails You Lose" court.

Background

• Professor Caroline Corbin's bio

• The Remains of the Establishment Clause (Lupu & Tuttle, updated 2023)

• James Madison's Memorial and Remonstrance against Religious Assessments

• Previous We Dissent episodes on Carson v. Makin

• The Sleeper Case: Carson v. Makin

• Bonus Episode! Carson v. Makin Update

• American Atheists Kennedy v. Bremerton amicus brief

Cases

• Firewalker-Fields v. Lee (2023)

• Town of Greece v. Galloway (2014)

• Sambrano v. United Airlines (2022)

• County of Allegheny v. American Civil Liberties Union (1989)

• The American Legion v. American Humanist Association (2019)

• Stone v. Graham (1980)

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

Alison, Liz, and Rebecca are joined by Katie O'Connor, Deputy Chief Counsel at Demand Justice, to discuss court reform. Katie explains how the Supreme Court and federal courts have been broken, why it's an existential threat to our secular democracy, and how we can fix it.

Background

• Demand Justice

• FFRF report on Trump judges

• Presidential Commission on the Supreme Court of the United States

Legislation Discussed

• Supreme Court Ethics, Recusal, and Transparency Act of 2023

• H.R.1 - For the People Act of 2021

• H.R.4 - John R. Lewis Voting Rights Advancement Act of 2021

• H.R.2584 - Judiciary Act of 2021

• H.R.5140 - Supreme Court Term Limits and Regular Appointments Act of 2021

• H.R.4886 - District Court Judgeships Act of 2021

• H.R.8936 - Circuit Court Judgeships Act of 2022

• H.R.642 - Restoring Judicial Separation of Powers Act

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

Alison, Liz, and Rebecca welcome another guest to the pod—Sasha Buchert, senior attorney and director of the Non-Binary and Transgender Rights Project for Lambda Legal. Sasha guides us through a discussion of the history of transgender rights in the courts, the current legislative attacks on trans people we are seeing across the country, and the litigation to overturn anti-trans laws.

Background

• Lambda Legal

• Sasha Buchert's bio

• "Price Waterhouse v. Hopkins at Thirty" by Sasha Buchert

• Examples of Court Decisions Supporting Coverage of LGBT-Related Discrimination Under Title VII

Cases

• Price Waterhouse v. Hopkins (1988)

• Bostock v. Clayton County (2020)

• Lusardi v. McHugh (2015)

• Grimm v. Gloucester County School Board (2021)

• Adams v. The School Board of St. Johns County, Florida (2020)

• B.P.J. v. West Virginia State Board of Education (2023)

• L.E. v. Lee (2023)

• Soule et al v. CT Association of Schools et al. (2023)

• Bridge v. Oklahoma State Department of Education (2022)

• Schroer v. Billington (2008)

• Religious Sisters of Mercy v. Becerra (2022)

Resources

• American Atheists

• Sign up for action alerts

• State Legislation Tracker

• FFRF

• Sign up for action alerts

• Lambda Legal events

• How to Contact Your Elected Officials

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

What is the ministerial exception? Where did it come from? What has the Supreme Court said about this legal doctrine? In this episode, Rebecca, Liz and Alison recount the history of the ministerial exception and break down the two major cases from the Supreme Court on point: Hosanna-Tabor Evangelical Church and School v. Equal Employment Opportunity Commission and Our Lady of Guadalupe v. Morrisey-Berru.

Background

• "The Right's Religious Liberty Agenda Is on a Collision Course With Labor Law"

• "Supreme Court affirms 'ministerial exception' that protects religious organizations from some lawsuits"

Cases

• Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)

• Our Lady of Guadalupe School v. Morrissey-Berru (2020)

• FFRF and American Medical Women's Association amicus brief

• The Center for Inquiry, American Atheists, and American Humanist Association's amicus brief

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

Rebecca, Liz and Alison discuss the December 2022 oral arguments in the latest services for same sex wedding case, 303 Creative v. Elenis. This case involves a Christian website designer who would like to expand her business to create wedding websites, but would refuse to do that for same sex couples. The hosts discuss the craziness that was the oral argument and what this case means for religious liberty and gay rights.

Background

• SCOTUS Blog Page
• Oral Arguments
• Coalition amicus brief
• "Colorado web designer's First Amendment challenge will test the scope of state anti-discrimination laws"
• "Conservative justices seem poised to side with web designer who opposes same-sex marriage"
• "The big stakes in the Supreme Court's new LGBTQ rights case"

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

Alison guides us through the legislative process in states and what to expect in the 2023 legislative sessions. We discuss how a bill becomes a law, what bills we're tracking for next year, and give advice on how you can become an effective advocate!

Cases

• Marsh v. Chambers (1983)
• Carson v. Makin (2022)
• Dobbs v. Jackson Women's Health Organization (2022)
• Kennedy v. Bremerton School District (2022)
• New York State Rifle & Pistol Assoc. v. Bruen (2022)

Resources

• American Atheists
  • Sign up for action alerts
  • State Legislation Tracker
• State of the Secular States report
• FFRF
  • Sign up for action alerts

Other Links

• Project Blitz
• Megan Hunt at FFRF's convention

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

Rebecca, Liz, Monica, and Alison discuss the ways in which the separation of church and state surfaces during election season. They'll break down the Johnson Amendment, the rules and restrictions churches must adhere to in order to be tax-exempt, and then explore the unique complaints they receive involving voting in churches.

FFRF, AHA, and American Atheists (like churches!) are 501(c)(3) organizations and therefore do not endorse or oppose candidates for public office.

Background

• The Texas Tribune and Propublica (2022) - "Churches are breaking the law and endorsing in elections, experts say. The IRS looks the other way."
• FFRF - "The Case in Support of the Johnson Amendment"
• FFRF - "Church Polling Places"
• MTSU - "History of the Johnson Amendment"
• IRS - The Restriction of Political Campaign Intervention by Section 501(c)(3) Tax-Exempt Organizations
• FFRF - "Pulpit Freedom Sunday"
• AHA (2019) - "Organizations to Congress: Protect the Johnson Amendment"
• AA - "Churches as Polling Places"
• Washington Post (2016) - "Florida Mosque Removed as Polling Place after Complaints, Threats"
• The Humanist (2018) - "On the Hill: How Arcane Senate Rules Saved the Johnson Amendment (For Now)"
• Humanists International (2007) - "U.S. District Court allows voting in churches"
• Newsweek (2022) - "Idaho Church Under Fire for Hosting GOP Rally Ahead of Midterms"

Cases

• Berman v. Board of Elections (1969)
• Otero v. State Election Board of Oklahoma (1992)
• FFRF v. Trump (2017)

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

Monica, Alison, Liz, and Rebecca discuss religious liberty issues in our jails and prisons. From court-ordered AA to coercive prayer meetings to forming atheist and humanist groups in prisons, there are plenty of ways the separation of church and state affects this vulnerable population.

Cases

• Torcaso v. Watkins (1961)
• FFRF v. Mosley and Laurel County Correctional Center (2019)
• Jason Holden v. BOP (2014)
• AHA & Kwame Teague v. Perry (2019)
• Kaufman v. McCaughtry (2006)
• West v. Radtke (2022)

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

Alison guides Rebecca, Monica and Liz through a discussion of another tool we have to keep religion out of government: administrative rules and regulations. The co-hosts give an overview of this body of law, and discuss how it's been used to erode the wall of separation and what we can do to roll that back.

Background

• Section 1557 of the Patient Protection and Affordable Care Act
• Title IX and new proposals
• Administrative Procedures Act (1946)

Cases

• Christian Legal Society v. Martinez (2010)
• Doe v. Joplin Schools Public School District (AHA field trip lawsuit)
• AA and AU Education Department Lawsuit

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