Marci A. Hamilton

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania. She is also the founder, CEO, and Academic Director of CHILD USA, www.childusa.org, 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 also has been a vocal and influential critic of extreme religious liberty and its impact on vulnerable populations including children, LGBTQ, and women. 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 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), as well as numerous claims brought under the Religious Land Use and Institutionalized Persons Act.

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 honored with 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 sex abuse, statute of limitations issues, 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 Real Religious Liberty Deficits Right in Front of Us

Marci Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and leading church/state scholar, outlines what the United States must do to restore true religious liberty under the First Amendment, rather than go down the path of extreme religious liberty supported by right-wing Christian lobbyists. Hamilton argues that President Trump needs to remove Steve Bannon, unhinge himself from the extreme religious right, and open his eyes to the plain discrimination directly in front of him.

The Religious Liberty Draft Executive Order and the Risks to Children

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how extremely broad President Trump’s draft executive order on religious liberty, explaining how its breadth could have huge negative effects on children, LGBTQ individuals, and many others. Hamilton argues that the executive order is even broader than RFRA and that it poses both known and unknown risks to children.

The Religious Liberty Shell Game Needs to End Now Before the Civil Rights of Women and LGBTQ Recede into History

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, reminds of the distinction between constitutional rights and statutory rights. Hamilton argues that the so-called right to religious liberty used to excuse discrimination against LGBTQ individuals derives from federal statutes that were enacted out of animus in the first place.

The Sunshine the Constitution Craves: Alec Baldwin, Meryl Streep, Protesters, and Boycotters Should Not Stop Now

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, defends those protesting Donald Trump’s inauguration this week in the face of those calling for “unity.” Hamilton argues that “unity” in this case is simply a euphemism for “uniformity” and that the very democratic process demands that the people speak out and have their voices heard.

The Republican Fail on Sex Assault and Child Sex Abuse

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how many Republicans are responsible for blocking legislative change that would help victims of sexual assault and child sex abuse find justice. Hamilton argues that the current climate in the United States draws the line at protecting—whether implicitly or explicitly—perpetrators of sexual abuse and child sex abuse.

This Holiday Weekend, Try Not to Be Penn State

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, points out that for many victims of child sexual abuse, the holiday season is a time of torture of revisiting painful memories, rather than joy. Hamilton calls upon us to address the problem of child sex abuse directly by changing the laws, teaching the adults, reforming the institutions, and supporting the victims.

How the Conservative Religious Coalition Won the 2016 Election— Part I: Education

In this first of a three-part series of columns, Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains the U.S. Supreme Court jurisprudence that allowed a conservative religious coalition to implant itself in the American public education system. Hamilton argues that the coup de grâce of this movement is Donald Trump’s appointment of Betsy DeVos to Education Secretary, signaling a focus on ideology over the best interests of children.

Trump has Unleashed Forces that Put the Vulnerable at Risk, Which Means the Private Sphere Will Have to Step Up to Protect Them

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, describes three individuals named to lead Donald Trump’s presidency who will threaten already-vulnerable communities. Hamilton argues that Mike Pence, Stephen Bannon, and Jeffrey Sessions are likely to reduce or eliminate the rights of gays, women, minorities, and children over the next four years unless the private sector steps up.

The Electorate Inadvertently Imposes Real Accountability on Washington Republicans

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how Republicans’ victories for president and both houses of Congress impose real accountability on the Republican party to get things done. Hamilton argues that with Republicans controlling these branches, they have no excuse for failing to fully come through on all the changes they have promised, including replacing Obamacare, building a wall on the Mexican border, creating jobs, and cutting taxes.

Education, the 2016 Election, and the Future

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the connection between an educated society and a successful, effective representative democracy. Hamilton argues that a significant reason that uneducated voters are more likely to vote for Donald Trump than educated voters are highlights this country’s failure to ensure that every student is adequately educated, particularly with respect to government.

The State Law Gauntlet Facing Child Sex Abuse Survivors: A Long Way to Go to Child-Centered Justice

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how federal and state law interact to block survivors of child sex abuse from justice. As Hamilton explains, extending statutes of limitations for bringing abuse claims, or eliminating them altogether, is only one (albeit critically important) step state legislators must take toward helping survivors get the justice they deserve.

Timothy Dolan Implements the Penn State Playbook for Child Sex Abuse Victims: The Best Argument Yet for SOL Reform

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, comments on the recent announcement by Cardinal Timothy Dolan of an Independent Reconciliation and Compensation Commission intended to help some clergy sex abuse victims in the New York City Archdiocese. Hamilton describes Dolan’s mixed record on justice for sex abuse victims but hails the latest development as a step in the right direction.

Religion in the 2016 Election Cycle: Where Did It Go?

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the decreased emphasis on affiliation with organized religion this election cycle. Although this may seem unusual in light of a more dedicated focus on religion in past elections, Hamilton explains that this lack of attention in the 2016 election harkens back to an earlier era of American history when many of our constitutional framers professed a Deist view of religion—and is ultimately a positive development for our country.

There Is an Antidote to the Politics that Endanger Children

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the continued endangering of children in the United States, specifically in the realm of politics. She suggests a simple solution after illustrating recent examples of this troubling trend: voters must choose political candidates who protect children via their stances on relevant laws and other related political matters.

The Re-making of America’s Cities by Religious Organizations and the Department of Justice

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, denounces the involvement of the federal government in local land use issues through the Religious Land Use and Institutionalized Persons Act (RLUIPA). Hamilton argues that RLUIPA incorrectly treats neutral, generally applicable land use decisions identically with discriminatory land use decisions.

The Scandalous Religious Liberty Project of this Era: Rights to Discriminate, Harass, and Harm at Will

A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton comments on disclosure requirement and the non-discrimination component of California SB-1146. Hamilton argues that religious entities continue to demand the freedom to discriminate and harass, while insisting on calling it “religious liberty.”

What Do the Satanic Temple and Jehovah’s Witnesses Have in Common? They Are Champions Against Government Inculcation of Belief

Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how the Satanic Temple is fighting the same fight Jehovah’s Witnesses started—to keep the government from imposing tenets of any specific religion on all citizens despite their faith. Hamilton describes the history of this issue in the United States and discusses the current lawsuit involving the Satanic Temple.

An Open Letter to the Change-Maker Hillary Rodham Clinton on Behalf of Sexual Abuse Victims in the United States

A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton writes an open letter to Democratic Presidential Candidate Hillary Clinton on behalf of sexual abuse victims around the country. Hamilton asks Clinton what she will do as President of the United States to address the problem of child sex abuse and to help improve victims’ access to justice.