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

Jared Fogle, Ashley Madison, and When Will We Have the Fences that Make for Privacy and Safety on the Internet?

Cardozo Law professor Marci Hamilton discusses the need for effective fences on the Internet that protect privacy but also permit authorities to enforce the law. Hamilton illustrates this need using examples such as the case of Jared Fogle, the former Subway spokesperson who is pleading guilty to charges of child solicitation and pornography, as well as the Internet's use as a tool for empowerment for victims of child sex abuse.

The Hijacking of the Term “Religious Liberty” for Political Gain

Cardozo law professor Marci Hamilton explains how politicians have intentionally conflated constitutional religious liberty—which comes from the First Amendment of the Constitution—and statutory religious liberty—which originated in the Religious Freedom Restoration Act of 1993—for political gain. Hamilton describes the many differences between these two types of religious liberty and calls upon politicians and journalists to disambiguate the term.

The Fifth Circuit Joins the Growing Line of Courts Rejecting RFRA Arguments Against the Affordable Care Act’s Contraceptive Accommodation for Religious Nonprofit Employers

Cardozo law professor Marci Hamilton comments on a recent decision by the U.S. Court of Appeals for the Fifth Circuit holding that RFRA does not immunize religious nonprofits from the requirement under the Affordable Care Act that they notify the government of their beliefs in order to be exempt from paying for their employees’ contraception.

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.