The Napa Legal Podcast

Napa Legal Institute
  • 5.0 (6)
  • Non-Profit
  • Updated Weekly

Listen to Napa Legal's Senior Counsel and Director of Content Frank DeVito discuss key legal and policy updates relevant to faith-based nonprofits with Marketing and Content Manager Kyle Nazareth each week.

  1. 1d ago

    A Religious Exemption From AI?

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss the Catholic lawsuit against New York's new physician assisted death mandate, the Ninth Circuit's unanimous ruling for a Kaiser Permanente employee fired over a religious vaccine exemption, and the first known workplace religious accommodation excusing an employee from using AI. In this episode, we discuss: [1:20] Becket sues New York over the Medical Aid in Dying Act on behalf of four orders of religious sisters and the Diocese of Rockville Centre, challenging a law that requires objecting providers to counsel patients on assisted suicide, screen them for eligibility, and refer them out. [18:11] The Ninth Circuit unanimously revives Mimi Weiss's Title VII claims against Kaiser, holding that notice of a religious conflict and sincerity of belief are separate questions, and that employers do not get to decide the second one. [30:24] A Unitarian Universalist software engineer wins a religious exemption from her employer's AI mandate, and Kyle explains why Magnifica Humanitas does not say what the coverage claims it says. Chapter markers 0:00 Intro 1:20 New York's assisted suicide mandate 3:58 Doctors must list the wrong cause of death 5:06 Carmelite Sisters v. James 7:25 Humanism without Christianity 11:12 The federal law arguments 13:04 Church autonomy and free exercise 16:07 The July 30 consent order 16:49 The lesson from Canada 18:11 Weiss v. The Permanente Medical Group 20:30 Notice or sincerity? 22:44 The Ninth Circuit rules for Weiss 26:42 How to write an exemption letter 30:24 A religious exemption from AI 32:02 What the AI encyclical actually says For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, August 4, 2026 #freedomofreligion #religiousliberty

  2. 6d ago

    A Permit to Pray in Your Own Home? John Bursch on the Case SCOTUS Just Took

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this special episode, Napa Legal's Senior Counsel Frank DeVito is joined by John Bursch, Senior Counsel and Vice President of Appellate Advocacy at Alliance Defending Freedom, former Solicitor General of Michigan, and a Napa Legal Good Counselor Project Fellow. John returns as the podcast's first repeat guest for a discussion of two fights that will shape what churches and religious nonprofits are free to say and free to do. First, the litigation over the Johnson Amendment. John explains what pastors and priests can already say from the pulpit, why the government's theory rests on the Supreme Court's decision in Catholic Charities Bureau, and what happens next. Second, Grand v. City of University Heights, which the Supreme Court agreed to hear on June 30. John explains the procedural question the justices will decide in December and why it matters for every American whose religious exercise runs into a zoning code.In this episode, we discuss: 0:00 Introduction 0:53 John Bursch's background and his work at Alliance Defending Freedom 1:55 What is the Johnson Amendment and why it matters 2:56 The 1950s origins of the Johnson Amendment 3:26 Is 501(c)(3) status a government benefit or a recognition? 4:27 Why no one has successfully challenged the Johnson Amendment until now 5:27 Obergefell, Verrilli, and the coming fight over tax exemption 6:30 The NRB case: plaintiffs, posture, and a change in administrations 7:30 The stipulated judgment and the district court's rejection 9:31 What the settlement signals to churches right now 10:01 What a priest can actually say from the pulpit 11:32 Two extremes: churches that go all in and churches that self-censor 12:34 The government's theory: unequal burdens on different denominations 13:34 The Catholic Charities Bureau problem 14:36 Applying Catholic Charities to the next generation of cases 15:09 The Anti-Injunction Act and the court's sua sponte dismissal 16:41 Why this is a speech case, not a tax case 17:42 Is the Anti-Injunction Act jurisdictional or waivable? 18:44 What's teed up for the Fifth Circuit and when to expect a decision 20:16 Why "boring" procedural doctrine decides religious liberty cases 21:16 Grand v. City of University Heights: a permit to pray at home 22:46 The cease-and-desist and the call with the mayor 23:16 The zoning hearing and the trap inside the permit 24:47 A pro se cert petition that got the Supreme Court's attention 27:20 Surveillance, spying neighbors, and a city that stopped picking up his trash 28:21 Williamson County, exhaustion, and Section 1983 29:53 What's next in the case |30:23 Conclusion For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast

  3. Jul 21

    Too Religious for Connecticut's Capitol? The Nativity Ban Explained

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss Connecticut banning a Nativity display in the capitol building, the draft of the report released by the White House Religious Liberty Commission, and the continued legal battles of the Little Sisters of the Poor against the contraceptive mandate. In this episode, we discuss: [1:27] After Connecticut's Joint Committee on Legislative Management denied the Family Institute of Connecticut permission to place a small Nativity in the state Capitol under a policy that allows private displays unless they are "religious in nature," First Liberty Institute and the law firm Jones Day sent a demand letter arguing the exclusion is viewpoint discrimination under the Free Speech Clause and that the Establishment Clause — with Lemon v. Kurtzman's endorsement test abrogated by Kennedy v. Bremerton — plainly permits the display. [13:16] The White House Religious Liberty Commission, created by President Trump's executive order and built on seven hearings, released a 224-page draft report surveying the state of religious freedom in America — from religion's role as an indispensable support for a free society to the history of the First Amendment from colonial establishments through the twentieth-century incorporation of the Establishment Clause against the states — and Kyle unpacks its twelve recommendations, including repealing the Johnson Amendment, restoring benefits for service members discharged over religious objections to the COVID-19 vaccine, and directing the DOJ to clarify the proper understanding of the Establishment Clause. [29:53] The Little Sisters of the Poor are back before the Third Circuit — represented by Becket's Mark Rienzi and the firm Clement & Murphy, with oral argument heard July 7 — challenging a district court ruling that found the religious exemption to the Affordable Care Act's contraceptive mandate arbitrary and capricious, and arguing that even if that were so, striking the exemption would only leave the mandate itself violating RFRA by substantially burdening the Sisters' religious exercise, more than a decade and three Supreme Court victories into Pennsylvania and New Jersey's effort to strip away their protection. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, July 21, 2026 #freedomofreligion #religiousliberty

  4. Jul 16

    Pay Your Taxes to a Christian School Instead? The New $1,700 Tax Credit | Guest Corrinne Vidales

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits.In this guest episode, Napa Legal's Senior Counsel Frank DeVito is joined by Corrinne Vidales, Legal Counsel at the Ohio Christian Education Network and an alumna of Napa Legal's Good Counselor Project. Join them for a discussion of scholarship granting organizations (SGOs) and the new federal Education Freedom Tax Credit created by the One Big Beautiful Bill. With Treasury rules expected this fall, this program allows taxpayers to redirect up to $1,700 of their federal taxes to scholarship organizations, with major implications for Christian schools, faith-based nonprofits, and the families they serve.In this episode, we discuss:0:00 Introduction1:43 Corrinne's background and her work at the Ohio Christian Education Network3:37 What is a scholarship granting organization?4:51 How Ohio's dollar-for-dollar SGO tax credit works7:09 How scholarship money flows from donors to families9:37 Which states currently have SGO programs10:43 The federal Education Freedom Tax Credit and how it will work11:27 State opt-in: what happens if a governor refuses?14:05 Who's eligible for federal scholarships?15:19 How existing SGOs can qualify for the federal program16:21 Credit amounts, rollover, and stacking state and federal donations20:03 The greatest evangelism opportunity of our lifetime? What this means for the future of Christian education21:23 Launching new schools and taking the SGO model national23:53 ConclusionNapa Legal's introductory resource on SGOs, written by Corrinne, is available at https://www.napalegalinstitute.org/For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcast

  5. Jul 14

    Counselors FORCED to Affirm Gender Ideology | Maine tries to reverse SCOTUS

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss an Eighth Circuit ruling reviving two Missouri counselors' challenge to local counseling censorship ordinances after the Supreme Court's decision in Chiles v. Salazar, a First Circuit ruling requiring Christian schools in Maine's school choice program to comply with the state's gender identity mandates in hiring and admissions, and the return of federal Medicaid funding to Planned Parenthood after the One Big Beautiful Bill's one-year defund expired.In this episode, we discuss:[2:57] After the Supreme Court held in Chiles v. Salazar that conversations in counseling sessions are protected speech, the Eighth Circuit ordered a district court to reconsider claims brought by counselors Wyatt Bury and Pamela Eisenreich, represented by Alliance Defending Freedom, challenging Kansas City and Jackson County ordinances that bar counselors from helping clients become comfortable with their biological sex.[12:40] The First Circuit ruled that Bangor Christian Schools, affiliated with Crosspoint Church and represented by First Liberty, may apply its religious beliefs when hiring teachers, but not where sexual orientation or gender identity is involved, effectively forcing the school to choose between its faith and participation in Maine's school choice program four years after Carson v. Makin.[30:10] Planned Parenthood regains Medicaid reimbursements for non-abortion services after the One Big Beautiful Bill's one-year funding pause expired, as pro-life advocates continue pushing for permanent defunding of abortion providers.For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, July 14, 2026#freedomofreligion #religiousliberty

  6. Jul 8

    SCOTUS Protects Girls' Sports, Teacher FIRED Over Pronouns, & Michigan Targets Catholic Charities

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss: 1:30: A Catholic Charities serving the Lansing, Michigan area, represented by Alliance Defending Freedom, files suit after the state abruptly revoked its participation in womens' services funding programs, allegedly out of hostility toward its beliefs on abortion and contraception. 15:05: A Montgomery County substitute teacher was denied a religious accommodation and removed from the classroom for refusing to use false pronouns and conceal students' social transitions from their parents. Her cert petition raises key questions under the Free Exercise and Free Speech Clauses, including a circuit split created by the Fourth Circuit. 27:00: The Supreme Court holds that Title IX and the Equal Protection Clause allow states to maintain girls' sports for biological girls, with notable concurrences from Justice Thomas and Justice Gorsuch worth reading. Registration is still open for Napa Legal's annual Nonprofit Summit on July 22 in Napa, California, a one-day formation event for nonprofit leaders, board members, and professionals serving faith-based organizations. Learn more and register at: https://www.napalegalinstitute.org/nonprofit-summit For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, July 8, 2026 #freedomofreligion #religiousliberty

  7. Jun 30

    School District Rejects Parental Opt-Out of LGBT Content (conflicts Mahmoud v Taylor): June 30, 2026

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss an effort by a California school district to thwart the US Supreme Court by teaching LGBT materials without parental consent, a recent Supreme Court ruling on RLUIPA regarding prisoners’ rights to sue, and a win in the 9th Circuit by former employees of Alaska Airlines who were terminated for voicing their views on the Equality Act. In this episode, we discuss:1:45 California school district defies a recent Supreme Court ruling requiring schools to notify parents when material that contradicts their faith is taught in the classroom. 15:54 Prison guards will not be held liable in their individual capacity for shaving an inmate’s head despite his religious beliefs. 27:52 Airline flight attendants in a religious discrimination case win appeal at the 9th Circuit. For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, June 30, 2026#freedomofreligion #religiousliberty

  8. Jun 25

    Church Can't Host Religious Services and Activities at Newly Acquired Church Building: June 25, 2026

    Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss a Michigan township refusing to let a newly acquired church operate, a New Jersey Christian addiction recovery ministry fighting a series of administrative and zoning battles, and an eminent domain dispute between the federal government and the Diocese of Las Cruces, New Mexico. In this episode, we discuss:1:48 Township of Windsor, Michigan, refuses to allow a church to host religious services and related activities at a newly acquired church building. 15:20 A New Jersey-based addiction and recovery ministry faces multiple roadblocks from local township authorities, resulting in hefty fines. 29:48 Judge allows federal government to deposit money to acquire a large parcel of land from the New Mexico Diocese of Las Cruces via eminent domain. For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, June 25, 2026#freedomofreligion #religiousliberty

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Listen to Napa Legal's Senior Counsel and Director of Content Frank DeVito discuss key legal and policy updates relevant to faith-based nonprofits with Marketing and Content Manager Kyle Nazareth each week.

Information

  • Creator
    Napa Legal Institute
  • Years Active
    2025 - 2026
  • Episodes
    105
  • Rating
    Clean
  • Copyright
    © Napa Legal Institute
  • Show Website
    The Napa Legal Podcast