UNLV Boyd School of Law professor Leslie C. Griffin describes a recent conversation with Beverly Brazauskas—a woman who in 2003 lost a lawsuit against a Catholic bishop and diocese—in which Brazauskas reflects on her case. Professor Griffin points out that Brazauskas’s loss epitomizes the saying “you can’t win when you go up against the church” because religion in the United States is often treated as above the law.
UNLV Boyd School of Law professor Leslie C. Griffin comments on the Supreme Court’s unanimous decision in Fulton v. City of Philadelphia, in which the Court held that Philadelphia’s refusal to contract with Catholic Social Services for the provision of foster care services unless CSS agreed to certify same-sex couples as foster parents violated the Free Exercise Clause of the First Amendment. Professor Griffin joins numerous Catholic leaders in urging Catholic believers—a majority of whom support allowing LGBTQ couples to adopt children, contrary to CSS’s position in this case—to tell their leaders to support all families, including gay families.
UNLV Boyd School of Law professor Leslie C. Griffin reflects on one of the earliest litigated ministerial exception cases, in which Billie Marie Barrett McClure sued the Salvation Army in 1971 for providing men with superior housing benefits as compared to women. Professor Griffin describes how the language of the petition for certiorari in that case (which was denied) raised some of the very issues that the Court did not fully consider until Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, which it decided in 2012.
UNLV Boyd School of Law professor Leslie C. Griffin and University of Pennsylvania professor Marci A. Hamilton describe how the current Supreme Court is furtively undermining neutral and general laws by embracing a so-called “most favored nation” theory. Professors Griffin and Hamilton explain that under this dangerous approach, otherwise neutral laws that might incidentally burden religious exercise (such as zoning laws or public health regulations) are constitutionally suspect if they create any exceptions for purportedly secular activities, and, they argue, this can result in legal discrimination and harms to groups including LGBTQ+ individuals, children, those with disabilities, and others.
UNLV Boyd School of Law professor Leslie C. Griffin comments on a recent decision by the Illinois Supreme Court characterizing a “lay principal” at a Catholic school as a “minister” and therefore dismissing her claim under the Illinois Whistleblower Act under the so-called “ministerial exception.” Professor Griffin argues that the ministerial exception gives churches pure religious freedom to dismiss all legal claims against them, rendering them entirely unaccountable for their unlawful actions.
UNLV Boyd School of Law professor Leslie C. Griffin explains why stigma is a central concept that came up during oral argument before the Supreme Court in Fulton v. City of Philadelphia. Griffin points out that some religions have long supported racial discrimination, citing their religious texts, but courts prohibited such discrimination, even by religious entities. Griffin argues that just as religious organizations should not enjoy religious freedom to stigmatize people of color, so they should not be able to discriminate—and thus stigmatize—people based on sexual orientation.
UNLV Boyd School of Law professor Leslie C. Griffin describes the legal landscape after the U.S. Supreme Court’s July 2020 decision in Our Lady of Guadalupe School v. Morrissey-Berru, in which the Court took an expansive view of the ministerial exception. Griffin describes two recent decisions by U.S. Courts of Appeals ruling in favor of an employee and against a religious employer, demonstrating that ministers still have a chance (albeit a small one) of winning their antidiscrimination lawsuits.
UNLV Boyd School of Law professor Leslie C. Griffin describes the ministerial exception—a First Amendment rule created by courts that bars the application of anti-discrimination laws to religious organizations’ employment relationships with its “ministers”—and enumerates some of the cases in which the exception led to dismissal of a lawsuit. Griffin argues that we as a society cannot achieve full justice as long as courts interpret religious freedom to include a ministerial exception that condones racial discrimination lawsuits.
UNLV Boyd School of Law professor Leslie C. Griffin comments on three recent decisions by the U.S. Supreme Court in which religion has won, at the expense of women. Griffin explains why the Court’s decisions in Our Lady of Guadalupe School v. Morrissey-Berru (and the consolidated case, St. James School v. Biel), Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania (and the consolidated case, Trump v. Pennsylvania), and Espinoza v. Montana Department of Revenue together amount to sanctioned and government-funded discrimination masquerading as religious freedom.
UNLV Boyd School of Law professor Leslie C. Griffin comments on the U.S. Supreme Court’s decision in Bostock v. Clayton County, in which the Court held that under Title VII, an employer cannot fire an employee simply for being gay or transgender. Griffin considers what might happen next term when the Court takes up the question of whether religious organizations are exempt from these generally applicable laws and thus may discriminate against LGBTQ employees (and others).
UNLV Boyd School of Law professor Leslie C. Griffin comments on the oral argument the U.S. Supreme Court heard on Monday in the combined cases of Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel, which bring before the Court the question of the ministerial exception. Griffin explains that the ministerial exception is an affirmative defense that keeps the facts of a case from ever going to a judge or a jury and argues that a broad construction of the exception—as advocated by the religious employers in those cases—would be devastating to the careers of thousands of Americans teaching our children and caring for our sick in religious organizations across the country.
UNLV Boyd School of Law professor Leslie C. Griffin points out ways in which religions harm people—manifested today as an insistence on exemptions to social COVID-19 distancing orders. Griffin argues that telling the truth about religion should not be viewed as a form of discrimination and endorses Katherine Stewart’s recent book, The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism, which provides a detailed explanation of how the Religious Right has used its power to advance religion-based government in harmful ways.
In light of a case currently on the U.S. Supreme Court’s docket for this term, UNLV Boyd School of Law professor Leslie C. Griffin explains the importance of requiring employers and others to obey generally applicable laws not targeting specific religious practices—the result of the Court’s holding in Employment Division v. Smith. Griffin argues that it is hard to imagine a peaceful United States if organizations had a constitutional or statutory right to discriminate against all types of people.
UNLV Boyd School of Law professor Leslie C. Griffin comments on the oral argument the U.S. Supreme Court heard this week in Espinoza v. Montana Department of Revenue, which presents the justices with questions about the meaning of the Free Exercise and Establishment Clauses of the First Amendment. Griffin describes the questioning by the justices and predicts that the outcome in this case will demonstrate how many justices still believe in the separation of church and state.
UNLV Boyd School of Law professor Leslie C. Griffin responds to Professor Patricia Churchland’s book, Conscience: The Origins of Moral Intuition, offering contrasting views on morality. While Griffin recommends reading the book, she offers a differing view from that of the author, arguing that the physical brain can and does give rise to reason-centered moral rules to ethics.
UNLV Boyd School of Law professor Leslie C. Griffin discusses the decision by the U.S. Supreme Court earlier this week upholding the display of a World War I memorial cross on public land. Griffin argues that the majority erroneously and unnecessarily complicated the question asked by the Establishment Clause, effectively forgetting that the United States is not a Christian nation and that the Constitution requires the government not to prefer one religion over any other (or none at all.
UNLV Boyd School of Law professor Leslie C. Griffin comments on a case heard by the US Supreme Court this week raising questions about the Establishment Clause. Griffin summarizes some of the main points of each of the advocates in the case and argues that the Court should provide a clearer standard—a straightforward rule that one religion cannot be preferred to another.
UNLV Boyd School of Law professor Leslie C. Griffin criticizes the recent order by the Pennsylvania Supreme Court to permanently redact the names of eleven priests from the grand jury report on sexual misconduct by the clergy in six Pennsylvania Roman Catholic dioceses. Griffin argues that the redaction undermines the purpose of the grand jury report to promote openness and sends the negative signal to survivors that the court will protect their abusers.
UNLV Boyd School of Law professor Leslie C. Griffin comments on a case currently before the US Supreme Court—Madison v. Alabama—in which the Court will consider whether a death row inmate may constitutionally be executed despite his advanced dementia causing him not to recall the crime for which he is to be executed. Griffin highlights the ethical and legal issues raised in that case and addresses considerations on both sides.
UNLV Boyd School of Law professor Leslie C. Griffin explains why broad support of religion is not necessarily good for religious freedom. Specifically, Griffin looks at the position of Judge Brett Kavanaugh on a number of issues from his time on the bench and before, and predicts that as a justice of the US Supreme Court, he is unlikely to ensure everyone’s constitutional rights are protected, but only those of certain groups.