UNLV Boyd School of Law professor Leslie C. Griffin describes a recent conversation with Beverly Brazauskas—a woman who in 2003 lost a lawsuit against a Catholic bishop and diocese—in which Brazauskas reflects on her case. Professor Griffin points out that Brazauskas’s loss epitomizes the saying “you can’t win when you go up against the church” because religion in the United States is often treated as above the law.
Cornell law professor Michael C. Dorf comments on the U.S. Supreme Court’s decision last week to reject an emergency application from the State of Alabama to lift a stay on the execution of Willie B. Smith III. Professor Dorf observes the Court’s unusual alignment of votes in the decision and argues that, particularly as reflected by the recent COVID-19 decisions, the liberal and conservative Justices have essentially swapped places from the seminal 1990 case Employment Division v. Smith, which established that the First Amendment does not guarantee a right to exceptions from neutral laws of general applicability.
Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, describes the steps the Biden administration needs to take to bring the country back from the precipice of becoming a theocracy. Professor Hamilton highlights action items with respect to the Department of Justice, the Religious Freedom Restoration Act (RFRA) and the First Amendment, tax exemptions and accountability, and governmental financial support for organizations engaged in discriminatory practices.
Marci A. Hamilton, a professor at the University of Pennsylvania, argues that governors and lawmakers should not be granting religious exemptions to stay-at-home orders imposed due to COVID-19. Hamilton points out that there are two prerequisites for legitimate religious exemptions, and the exemptions granted in twelve states have met neither.
UNLV Boyd School of Law professor Leslie C. Griffin explains why broad support of religion is not necessarily good for religious freedom. Specifically, Griffin looks at the position of Judge Brett Kavanaugh on a number of issues from his time on the bench and before, and predicts that as a justice of the US Supreme Court, he is unlikely to ensure everyone’s constitutional rights are protected, but only those of certain groups.