Religious freedom advocate Kristina Arriaga and scholar Stephanie Barclay of Notre Dame Law School joined constitutional scholars Erwin Chemerinsky and Howard Gillman, authors of The Religion Clauses: The Case for Separating Church and State, to debate what the Constitution says about the relationship between church and state and provide their take on the most recent religious liberty Supreme Court cases. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.
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Kristina Arriaga is a long-time religious freedom advocate who has served as a member of the U.S. delegation to the U.N. Human Rights Commission, a member of the U.S. Civil Rights Commission, the Executive Director of The Becket Fund for Religious Liberty, and as Vice-Chair of the US Commission on International Religious Freedom. A sought-after speaker, she has appeared on BBC, MSNBC, C-Span, CNN, and NPR, and has contributed to outlets such as the Wall Street Journal, The Hill, and USA Today.
Stephanie Barclay is an associate professor of law at the University of Notre Dame Law School. She litigated First Amendment cases full-time at The Becket Fund for Religious Liberty, where she represented many organizations and individuals at both the trial and appellate level, including before the U.S. Supreme Court. She is also a Nootbar Fellow at the Nootbar Institute for Law, Religion, & Ethics at Pepperdine University, and a Faculty Affiliate at the Constitutional Law Center at Stanford Law School.
Erwin Chemerinsky is the 13th Dean of Berkeley Law and the Jesse H. Choper Distinguished Professor of Law. He has previously served as the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science. He is the author of 12 books, including his most recent, The Religion Clauses: The Case for Separating Church and State (with Howard Gillman). He also is the author of more than 250 law review articles. He frequently argues appellate cases, including in the U.S. Supreme Court.
Howard Gillman is the Chancellor of the University of California, Irvine where he holds faculty appointments in the School of Law, the Department of Political Science, the Department of History, and the Department of Criminology, Law and Society. He also serves as co-chair of the advisory board of the University of California’s National Center for Free Speech and Civic Engagement. Gillman previously held faculty appointments in the Departments of Political Science and History at the University of Southern California. He is the author of several books, including The Religion Clauses: The Case for Separating Church and State (with Erwin Chemerinsky).
Jeffrey Rosen is the president and CEO of the National Constitution Center, a nonpartisan nonprofit organization devoted to educating the public about the U.S. Constitution. Rosen is also professor of law at The George Washington University Law School and a contributing editor of The Atlantic.
This episode was engineered by the David Stotz and Greg Scheckler and produced by Jackie McDermott, Tanaya Tauber, John Guerra, and Lana Ulrich.
ADDITIONAL RESOURCES
- Erwin Chemerinsky and Howard Gillman, The Religion Clauses: The Case for Seperating Church and State
- Fulton v. City of Philadelphia
- Interactive Constitution, "The Establishment Clause Explainers"
- Interactive Constitution, "The Free Excercise Clause Explainers"
- Employment Division, Department of Human Resources of Oregon v. Smith (1990)
- Howard Gillman, The Constitution Besieged: The Rise & Demise of Lochner Era Police Powers Jurisprudence
- Burwell v. Hobby Lobby Stores (2014)
- Reynolds v. United States (1879)
- Erwin Chemerinsky and Howard Gillman, Free Speech on Campus
- Pro/Con, The Philadelphia Inquirer, "As Supreme Court bebates Philly-based foster case, should laws allow religious exemptions?"
- Kristina Arriaga, USA Today, “My family fled Fidel Castro's Cuba, where ‘cancel culture’ was deadly serious”
- Conor Friedersdorf, The Atlantic, “Why Matthew Yglesias Left Vox”
- Stephanie Barclay, The Volokh Conspiracy, "Spheres of Liberty and Free Exercise: Lessons for Fulton from Jefferson's Correspondence with Ursuline Nuns"
- Stephanie Barclay, "Rethinking Protections for Indigenous Sacred Sites"
- Stephanie Barclay, "A Defense of Religious Exemptions"
- Stephanie Barclay, "Historical Origins of Judicial Religious Exemptions"
- Stephanie Barclay, "An Economic Approach to Religious Exemptions"
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