Marci A. Hamilton

Marci A. Hamilton

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania. She is also the founder, CEO, and Academic Director 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

The #MeToo Elephant in the Room During the 2018 State of the Union

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, critiques President Donald Trump for failing to mention the #MeToo movement during his State of the Union address. Hamilton posits that like Dr. Larry Nassar, who was accused of sexually abusing 265 young gymnasts, Trump believes he can indefinitely deflect questions about sexual assault, but she argues that he can do so only because the Republicans and evangelicals are propping him up.

The Trump Presidency and the #MeToo Movement

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton likens the relationship between the #MeToo movement and Donald Trump’s presidency as a David versus Goliath moment. Hamilton describes the contrast in apparent values between the two but finds comfort in the #MeToo movement’s demonstration that there is still identifiable right and wrong that we as a society can see and discuss.

2017 SOL Reform Year in Review and How #MeToo Relates to Child Sex Abuse SOLs

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, reflects on the changes to civil and criminal statutes of limitations (SOLs) for child sex abuse across the United States in 2017, and points out how SOLs relate to the #MeToo movement exposing the breadth and pervasiveness of adult sexual assault and harassment. Hamilton praises the progress made over the past year and but calls upon legislators and politicians at all levels to take additional steps to protect children.

The Masterpiece Cakeshop Oral Argument and the Fatal Flaw in the Bakers’ Free Speech Argument

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, reacts to the oral argument in Masterpiece Cakeshop v. Colorado Civil Rights Comm’n, in which the Supreme Court will decide whether a Colorado baker may refuse to serve a same-sex couple on the basis that doing so would violate his religious beliefs. Hamilton argues that lawyer for the baker, as well as the solicitor general arguing in support of the baker’s position in the case, took the nonsensical position that the cake serves as the baker’s speech in the couple’s private ceremony. Hamilton points out that the cake is actually the couple’s expression to each other and to those present at the ceremony, just as any other product is simply a product imbued only with the meaning intended by its purchaser.

Listen Up: There Is a Solution to the Sex Abuse and Harassment Epidemic Unfolding Before Your Eyes—And You Will Be Surprised at Who Must Step Up to Succeed

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton addresses the issue of sex abuse and harassment in light of the accusations made against many high-profile men recently. With a focus on the perpetrators, then the victims of their abuse, Hamilton explains why the general public might be (wrongly) disinclined to believe these men are guilty and unpacks why it often takes the victims such a long time to come forward. Hamilton also offers a multi-part solution to this epidemic, laying the moral responsibility of improvement and change squarely on the shoulders of the lawyers and insurance companies that represent these abusive men in various contexts.

The Russian Meddling in the 2016 Election: The Internet Meets the Democratic System

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton calls upon social media giants, particularly Facebook, to act morally and implement safeguards to protect the democratic process, or else be regulated by Congress. Hamilton points out that Facebook has amassed more data about individual people than any other company in the world, and it should shoulder the burden of handling that data responsibly rather than for the pure purpose of profit.

What Needs to Happen Next for the #MeToo Campaign to Fulfill Its Potential

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton praises the #MeToo campaign and explains what more needs to happen to meaningfully address the pervasive issues of sexual assault and abuse against children and adults. Hamilton points to the brave actions by Olympic gymnast McKayla Maroney and elaborates on what must change in our society to empower victims and hold those in power accountable.

Bullies, Bullies Everywhere

Professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, Marci A. Hamilton points out two ways the legal system reinforces a culturally ingrained fear of undermining the “family breadwinner”: short statutes of limitations (SOLs) for sex abuse and defamation law. Hamilton argues that fixing the SOLs and defamation law can shift the balance of power between perpetrators and the victims.

The Trump Administration Mimics Mississippi on Civil Rights

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, describes how Mississippi and President Trump (with the help of Jeff Sessions) are bent on demeaning and disempowering LGBT individuals in every way possible. Hamilton points to the passage of the federal Religious Freedom Restoration Act of 1993 as the starting point for this movement, despite the law’s being struck down as unconstitutional in 1997.

Barbara Blaine Spoke Truth to Power

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, praises the work of the late Barbara Blaine, who worked tirelessly to expose the patterns of child sex abuse in the Catholic Church, which in turn revealed the same pattern in other settings. Hamilton extols Blaine’s accomplishments and calls upon us all to continue to fight for justice for sex abuse victims.

Who Pays for Sex Abuse?

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, describes the enormous costs associated with child sex abuse that fall on the victims’ families, government welfare programs, and society. Hamilton points out that there is no comprehensive metric that considers all of the costs, but the ones that have been measured are staggering.

It’s an Either-Or Question: Trump or Decency

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, minces no words in criticizing President Trump’s taking sides with neo-Nazis and supporters of the KKK. Hamilton calls upon everyone to make known where they stand—either with Trump in betraying fundamental American values, or on the side of decency.

So When Will Religious Organizations Choose Not to Discriminate?

Leading church-state scholar Marci A. Hamilton comments on a recent decision by the U.S. Court of Appeals for the Second Circuit in which it held that a female principal of a Catholic school has no legal recourse when a priest engages in gender discrimination that would be actionable in any other setting. Hamilton explains that this is a product of the misguided ministerial exception, which is part of a larger, more troubling social pattern of religious entities demanding a right to discriminate and harm others.

Trinity Lutheran Church v. Comer at the Supreme Court: Be Careful What They Wish For

Marci A. Hamilton, a leading church/state scholar and Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, comments on the U.S. Supreme Court’s recent decision in Trinity Lutheran Church v. Comer, which Hamilton argues reflects a common-sense application of existing jurisprudence on the Free Exercise Clause. Hamilton laments that legislators are not acting with the same level of common sense as they develop and interpret dangerous Religious Freedom Restoration Acts.

The Silence of the Children (Locked Away in the Secret Archives of the Archdiocese of New York City)

Marci A. Hamilton—a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, and the CEO and Academic Director of CHILD USA—explains why the New York Senate refuses to take up the issue of the Child Victims Act, which would reform the state’s antiquated child sex abuse statutes of limitations. Hamilton points out that none of the arguments against reform actually hold water and that the real reason lies in the secrets contained in the Secret Archives.

The Antidote to Trump: Humility, Character, and Integrity, a.k.a., Judge Edward R. Becker

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, extols the late Judge Edward Becker as exemplifying the traits of integrity, intelligence, and goodness—traits Hamilton argues that President Trump lacks. Hamilton uses Judge Becker’s example to illustrate the point that not all those in power seek to abuse it.

Absolute Power Corrupts Absolutely in The Keepers

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and CEO of CHILD USA, encourages everyone to watch the Netflix docuseries The Keepers, which addresses child sex abuse in the Catholic Church. Hamilton describes the progress toward justice for child sex abuse victims, including the growing awareness of the pervasiveness the problem and increasing numbers of states who extend or eliminate statutes of limitations for these types of lawsuits and prosecutions.

The Trump Presidency is the Best Civics Lesson in Our Lifetimes

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, discusses how missteps by the Trump Administration have offered the American people a refresher in basic concepts of U.S. government. Hamilton breaks down these various civics topics and explains how the actions of Donald Trump and his administration have returned subjects such as checks and balances, constitutional allocation of power, and impeachment to the forefront of minds in the American public.

The Spinning Chair Presidency

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how President Trump is playing an elaborate game to throw Americans off balance and rearrange core American values. Hamilton calls upon Americans to stand up and demand the truth from the administration.