Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder and CVO of CHILD USA, a 501(c)(3) nonprofit academic think tank at the University of Pennsylvania dedicated to interdisciplinary, evidence-based research to prevent child abuse and neglect. Before moving to the University of Pennsylvania, Professor Hamilton was the Paul R. Verkuil Chair in Public Law at Benjamin N. Cardozo School of Law, Yeshiva University.

Hamilton is the leading expert on child sex abuse statutes of limitations and has submitted testimony and advised legislators in every state where significant reform has occurred. She is the author of Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press), which advocates for the elimination of child sex abuse statutes of limitations. She has filed countless pro bono amicus briefs for the protection of children at the United States Supreme Court and the state supreme courts. Her textbook, Children and the Law, co-authored with Martin Gardner, will be published Fall 2017 by Carolina Academic Press, formerly Lexis/Nexis.

Hamilton has been a vocal and influential critic of extreme religious liberty, advocating for the vulnerable about overreaching. Hamilton successfully challenged the constitutionality of the Religious Freedom Restoration Act (“RFRA”) at the Supreme Court in Boerne v. Flores (1997), and defeated the RFRA claim brought by the Archdiocese of Milwaukee against hundreds of child sex abuse survivors in Committee of Unsecured Creditors v. Listecki (7th Cir. 2015). She has represented numerous cities dealing with church-state issues as well as claims brought under the Religious Land Use and Institutionalized Persons Act (“RLUIPA). The author of God vs. the Gavel: The Perils of Extreme Religious Liberty (Cambridge University Press), which was nominated for a Pulitzer Prize, she is also a columnist for Verdict on Justia.com.

Hamilton has been honored with the 2018 Pennsylvania State University Department of Philosophy Distinguished Alumni Award, the 2017 University of Pennsylvania Law School Louis H. Pollak Public Service Award, the 2016 Voice Today, Voice of Gratitude Award; the 2015 Religious Liberty Award, American Humanist Association; the 2014 Freethought Heroine Award; the National Crime Victim Bar Association’s Frank Carrington Champion of Civil Justice Award, 2012; the E. Nathaniel Gates Award for outstanding public advocacy and scholarship, 2008; and selected as a Pennsylvania Woman of the Year Award, 2012, among others. She is also frequently quoted in the national media on child abuse and neglect, statute of limitations, constitutional, RFRA, RLUIPA, and First Amendment issues.

Hamilton clerked for United States Supreme Court Justice Sandra Day O’Connor and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit. Professor Hamilton is a graduate of Vanderbilt University, B.A., summa cum laude; Pennsylvania State University, M.A. (English, fiction writing, High Honors); M.A. (Philosophy); and the University of Pennsylvania School of Law, J.D., magna cum laude, where she served as Editor-in-Chief of the University of Pennsylvania Law Review. She is a member of Phi Beta Kappa and Order of the Coif.

Columns by Marci A. Hamilton
Americans Don’t Know How to Talk About Religion

University of Pennsylvania professor Marci A. Hamilton discusses the breakdown of productive religious discourse in American public life, arguing that the religious right has seized control of the conversation through strategic framing, the appropriation of the undifferentiated label “Christian,” and the suppression of inconvenient facts. Professor Hamilton proposes three corrective rules: insist on factual accuracy in policy debates rather than deferring to religious framing, recognize Christianity as a diverse category rather than a monolith, and embrace open theological disagreement among believers as a legitimate and necessary form of public discourse.

President Donald Trump’s Two-Track Process to Establish Christian Nationalism

University of Pennsylvania professor Marci A. Hamilton discusses Donald Trump’s dual strategy for institutionalizing White Christian Nationalism by installing a conservative Supreme Court majority and empowering the religious right’s political agenda. Professor Hamilton argues that these efforts subvert the separation of church and state by promoting a false historical narrative and prioritizing the specific theological demands of a minority over the rule of law and civil liberties.

A Tribute to Three Survivor Heroes

University of Pennsylvania professor Marci A. Hamilton discusses the systemic barriers child sex abuse survivors face when seeking justice and highlights three individuals who use their professional expertise to force institutional transparency and reform. Professor Hamilton argues that while these survivors courageously drive progress, society must stop placing the burden of child protection on the victims and instead proactively hold institutions accountable.

President Donald Trump, Viktor Orban, Kim Jong Un, Jesus Christ, and the Pope

University of Pennsylvania professor Marci A. Hamilton examines Donald Trump’s public projection of himself as a messianic figure, contextualizing this behavior within his interactions with other global leaders and religious authorities. Professor Hamilton argues that the American religious right is responsible for fostering Trump’s dangerous messiah complex and urges them to reckon with the authoritarian monster they have helped create.

The Trump Administration’s Threat to Impose “One Nation Under God”

University of Pennsylvania professor Marci A. Hamilton examines the Trump administration’s promotion of Christian Nationalism across multiple domains—the White House, the military, and Congress—and its corresponding erosion of church-state separation, particularly in the context of Trump’s war with Iran. Professor Hamilton argues that this government alignment with a specific evangelical Christian agenda violates the First Amendment’s Establishment Clause, distorts American religious history, and has created a political permission structure for unconstitutional attacks on Muslims and other religious minorities.

The Three Avenues to Justice in the Epstein Cases

University of Pennsylvania professor Marci A. Hamilton discusses the three primary avenues through which accountability in the Jeffrey Epstein cases can be pursued—congressional hearings, a New Mexico state investigation, and a United Nations crimes-against-humanity inquiry—in the face of what she characterizes as a deliberate federal cover-up by the Trump administration. Professor Hamilton argues that despite the administration’s efforts to suppress further investigation, the partial release of Epstein’s files has already implicated dozens of powerful figures across the political spectrum, and that these three pathways will continue to expose the truth, bring shame to those involved, and ultimately deliver justice to survivors.

Searching for One Decent Adult in the Epstein Files

University of Pennsylvania professor Marci A. Hamilton discusses the Trump administration’s handling of the Epstein files, criticizing the selective release of documents and attempts to minimize their importance to the public. Professor Hamilton argues that none of the powerful men in Jeffrey Epstein’s orbit acted with moral decency by reporting the obvious abuse of young girls they witnessed, and she calls for complete transparency rather than allowing officials to suppress information and avoid accountability.

The Trump Administration’s Culture of Death to Children

University of Pennsylvania professor Marci A. Hamilton addresses the Trump administration’s handling of public health, particularly its promotion of anti-vaccine rhetoric and policy decisions that have led to a resurgence of preventable childhood diseases and deaths. Professor Hamilton argues that by empowering figures like Robert F. Kennedy Jr. and prioritizing parental “rights” over established science, the administration has fostered a reckless and deadly culture that endangers children’s lives.

Why the Epstein Cover-up Will Fail

University of Pennsylvania professor Marci A. Hamilton discusses the anticipated release of the Jeffrey Epstein files under the Epstein Transparency Act and the Trump administration’s expected efforts to limit disclosure, set against the broader context of society’s evolving response to child sex abuse cover-ups. Professor Hamilton argues that despite attempts to suppress the truth, a powerful cultural shift toward justice for survivors and public demand for accountability will ultimately defeat the efforts to protect powerful abusers and enablers.

The Movement to Create Access to Justice for Child Sex Abuse Victims Comes to a Crossroads

University of Pennsylvania professor Marci A. Hamilton traces the decades-long movement to reform statutes of limitations (SOLs) for child sex abuse victims, highlighting the legal, political, and cultural progress made and the recent challenges posed by unscrupulous legal practices. Professor Hamilton argues that while the movement has empowered many survivors and exposed hidden abuse, the rise of false claims by unethical mass tort firms threatens its integrity, necessitating legal safeguards like certificate of merit requirements to preserve justice and protect genuine victims.

The Epstein Files, Jimmy Kimmel, the American Public, and the Constitution

University of Pennsylvania professor Marci A. Hamilton explores the intersection of free speech, political overreach, and the First Amendment in the context of Donald Trump’s attempts to silence critics like Jimmy Kimmel and suppress damaging information such as the Epstein files. Professor Hamilton argues that despite the Trump administration’s efforts to control narratives and promote its narrow cultural and religious views, the American public’s constitutional right to free expression remains a powerful force that will ultimately expose truth and resist authoritarianism.

Déjà vu, the Supreme Court’s Cabal, and the Trump Administration’s Secret Maneuvers

University of Pennsylvania professor Marci A. Hamilton draws parallels between her experience clerking at the U.S. Supreme Court during efforts to undermine Roe v. Wade and the Trump administration’s implementation of its secretive Project 2025 policy agenda. Professor Hamilton argues that, much like the conservative clerk “cabal,” the administration operates through covert, coordinated strategies to impose unpopular ideology without public debate, using authoritarian means to bypass democratic norms.

The Trump Epstein Cover-up and the Survivors’ Justice in the Future

University of Pennsylvania professor Marci A. Hamilton examines the Trump administration’s cover-up of former President Trump’s connections to convicted sex trafficker Jeffrey Epstein, and the broader implications for survivors of child sexual abuse seeking justice. Professor Hamilton argues that the effort to obscure the truth has backfired by mobilizing survivors and the public, underscoring the urgent need for legal reform—particularly the elimination of restrictive statutes of limitations—to ensure survivors can seek justice when they are ready.

What the Bishops’ Mistakes with the Catholic Clergy Sex Abuse Crisis Teach Us About the Trump Administration’s Cover-up of the Epstein Files

University of Pennsylvania professor Marci A. Hamilton addresses the Trump administration’s attempts to cover up the Jeffrey Epstein sex trafficking files and draws parallels to the Catholic Church’s long-standing concealment of clergy sexual abuse. Professor Hamilton argues that true justice for child sex abuse victims requires transparency, prosecution, and institutional accountability, and warns that failing to fully disclose the Epstein files undermines public trust and perpetuates a culture of impunity for the powerful.

Tracking the Truth in the Child Sex Abuse Cases Through the Courts

University of Pennsylvania professor Marci A. Hamilton responds to Francis X. Maier’s proposal to remove child sex abuse victims from the legal system and place them in “autonomous reparations programs,” examining the implications for institutions like the Catholic Church, Boy Scouts, and state entities facing billion-dollar settlements. Professor Hamilton argues that Maier’s approach would prioritize cost reduction and institutional secrecy over justice and truth, contending that civil litigation is essential for uncovering institutional cover-ups, validating victims’ experiences, and preventing future abuse through transparency and accountability.

The Missing Piece of the Putin-Trump Puzzle: Evangelical Christians

University of Pennsylvania professor Marci A. Hamilton critiques President Donald Trump’s handling of foreign policy, particularly his recent Oval Office meeting with Ukrainian President Volodymyr Zelenskyy, and argues that Trump’s deference to Russian President Vladimir Putin stems from ideological alignment with the religious right rather than merely personal or financial motivations. Professor Hamilton argues that Trump’s pro-Russia stance reflects the religious right’s alignment with Putin’s anti-LGBTQ policies, and that evangelical leaders are willing to support autocrats who share their “family values” agenda while undermining democratic principles and the separation of church and state.

Religious Liberty Should Be Freedom for All Believers Not a Privilege for Some

University of Pennsylvania professor Marci A. Hamilton examines Christian Nationalism and the Napa Legal Institute's Faith and Freedom Index, exploring how they relate to religious liberty, extreme religious liberty, and theocracy in America. Professor Hamilton argues that Christian Nationalism and the Religious Freedom Restoration Act (RFRA) represent dangerous departures from traditional First Amendment religious liberty protections, as they enable religious groups to discriminate against others and violate neutral laws while potentially paving the way for an intolerant Christian theocracy.

The Three Things We Learned About the Religious Right and Trump on Election Day

University of Pennsylvania professor Marci A. Hamilton analyzes three key outcomes for the religious right following Election Day: their diminishing control over abortion policy, their continued success in “othering” certain groups (particularly LGBTQ+ individuals), and their unexposed agenda regarding children's rights and education. Professor Hamilton argues that while the religious right has lost ground on abortion rights due to successful state ballot measures and Trump’s apparent abandonment of their stance, they continue to wield significant influence through their campaign against LGBTQ+ rights and could pose future threats through their lesser-known initiatives to weaken child labor laws, compulsory education, and vaccination requirements.

What Would the Framers Do?

University of Pennsylvania professor Marci A. Hamilton examines the current U.S. presidential candidates, Donald Trump and Joe Biden, through the lens of the Founding Fathers’ constitutional principles and concerns about tyranny and abuse of power. Professor Hamilton argues that neither candidate is suitable for the presidency based on the Framers’ ideals, with Biden potentially leading to an ineffective government due to age-related issues and Trump posing a threat to democracy through his authoritarian tendencies, ultimately suggesting that voters should reject both options.

The Religious Liberty Step Too Far That Could Destroy the Common Good If We Let It

University of Pennsylvania professor Marci A. Hamilton discusses the transformation of religious liberty in the United States into a force that can harm others, critiquing the misuse of the Religious Freedom Restoration Act (RFRA) and the rise of radical religious liberty law. Professor Hamilton argues that while religious liberty includes the absolute right to believe and speak about one's religion, it should not extend to conduct that harms others, warning against the dangerous trend of using religious liberty as a weapon against marginalized groups and advocating for a return to the original principles of the First Amendment.