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

Check us out on Facebook and Twitter.

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

Liz, Rebecca, Monica and Alison recap the case, Kennedy v. Bremerton, discussed in Episode 5 and review the decision handed down by the Supreme Court at the end of June. Later in the episode they're joined by the pod's very first guest, Rachel Laser, President and CEO of Americans United, who represented Bremerton at the high court. Rachel joins for a conversation about being a woman leader in the fight to keep state/church separate, and what our future holds after a dismal June. It's a long episode, but worth every minute!

Background

• SCOTUS Decision
• AU's case page for Bremerton
• Rachel Laser's bio

Rebecca and Liz recap the case, which was discussed in Episode 2, and review the decision handed down by the Supreme Court earlier this year. They also discuss the importance of this decision in the context of all other religious liberty cases from the high court's term this past year.

Background

• SCOTUS Decision

Check us out on Facebook and Twitter.

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

Liz and Rebecca recap the case, which was discussed in Episode 1, and review the decision handed down by the Supreme Court at the end of June. They also discuss the impact this has for the separation of state and church moving forward.

Background

• SCOTUS Decision

Check us out on Facebook and Twitter.

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

Liz, Rebecca, Alison and Monica discuss the decision in Dobbs v. Jackson Women's Health Organization, which overturns the fundamental right to abortion care. The co-hosts break down the decision, the ramifications of the decision, and commiserate over the future of the rights of women to make their own health care choices.

Background

• Oral Arguments
• SCOTUS Blog Page
• Text of SB8
• FFRF, CFI, and AA coalition amicus brief
• AU, AHA, Bend the Arc: A Jewish Partnership for Justice, and Interfaith Alliance Foundation coalition amicus brief
• Rebecca's blog on the leaked opinion

Relevant Cases

• Roe v. Wade
• Planned Parenthood v. Casey
• Whole Woman's Health v. Hellerstedt

Check us out on Facebook and Twitter.

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

Liz, Rebecca, Alison and Monica break down the latest case threatening the separation of church and state, Kennedy v. Bremerton, which involves a Christian high school football coach praying at the 50-yard line after games. The hosts review the facts of the case, outline what happened at oral arguments and make predictions on what this means for the rights of public high school students of minority faiths or no faith at all.

Background

• Oral Arguments
• SCOTUS Blog page
• FFRF, CFI, SCA, and AHA's coalition amicus brief
• American Atheists' amicus brief
• Vox - "The Supreme Court's 'praying coach' case, explained"

Relevant Cases

• Santa Fe Independent School District v. Doe (2000)
• Lemon v. Kurtzman (1971)

Check us out on Facebook and Twitter.

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

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)

Check us out on Facebook and Twitter.

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

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)

Check us out on Facebook and Twitter.

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)