Marci A. Hamilton

Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States and the Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University. She is the author of God vs. the Gavel: The Perils of Extreme Religious Liberty and Justice Denied: What America Must Do to Protect Its Children, and numerous scholarly articles. She has been a visiting professor at Princeton University, New York University School of Law, Emory University School of Law, and the Princeton Theological Seminary. Professor Hamilton was lead counsel for the City of Boerne, Texas, in the landmark decision,Boerne v. Flores, 521 U.S. 507 (1997), and has served as constitutional law counsel in many important cases involving religion, particularly in the area of clergy sex abuse and religious land use. Professor Hamilton clerked for Associate Justice Sandra Day O’Connor of the United States Supreme Court and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit; and received a J.D. from Pennsylvania Law School, where she served as Editor-in-Chief of the University of Pennsylvania Law Review; an M.A. in English from Pennsylvania State University; an M.A. in Philosophy from Pennsylvania State University; and a B.A. from Vanderbilt University.

Columns by Marci A. Hamilton

The Seventh Circuit Injects Common Sense into Religious Liberty Debates with Official Committee of Unsecured Creditors v. Listecki

Cardozo law professor Marci Hamilton discusses the recent unanimous decision by the U.S. Court of Appeals for the Seventh Circuit holding that the Milwaukee Archdiocese is subject to the facially neutral bankruptcy laws against fraud during proceedings, despite its claims, based on free exercise arguments, to the contrary.

The Vaccine for Pollyanna Attitudes Toward Public Health and Religious Beliefs: Religious Exemptions for Vaccinations and Medical Neglect Need to Be Repealed Now and the Federal Government (and the Insurance Industry) Need to Incentivize the States to Do So

Cardozo law professor Marci Hamilton calls upon state legislators to repeal the laws that permit parents to refuse to vaccinate their children to the children’s detriment as well as to the detriment of the public.

Supreme Court Preview of Holt v. Hobbs: When in the Era of Extreme Religious Liberty Can State Prison Administrators Enforce Security Needs?

Cardozo Law professor Marci Hamilton discusses a case for which the U.S. Supreme Court will hear arguments next week, in which a Muslim inmate in an Arkansas prison is arguing for the right under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to have a beard, despite the prison’s rule prohibiting beards.

Who Will Protect New York’s Children from Preventable Death and Permanent Disability?

Cardozo law professor Marci Hamilton discusses an archaic Orthodox Jewish practice that persists despite putting infants at risk of death or permanent injury. Hamilton describes a recent decision by the U.S. Court of Appeals for the Second Circuit holding that strict scrutiny applies to the New York City regulation requiring that rabbis receive informed consent from an infant’s parents before performing the dangerous ritual. Hamilton explains why, in her view, the Second Circuit erred in reaching that decision, and moreover, why current criminal laws should be used to protect children from being exposed to the risk.