We Dissent Rebecca Markert

Alison, Liz, and Rebecca are joined by Professor Marci Hamilton, legal icon and leading expert on the Religious Freedom Restoration Act (RFRA) and extreme religious liberty. Professor Hamilton explains the origin story of RFRA, how it has led us to the emerging theocracy we face, and what Americans can do to reclaim true religious liberty before it’s too late. 
Submit a question for the holiday mailbag episode here!
 
Background
Professor Marci Hamilton’s bio
CHILD USA, Prof. Hamilton's think tank
FFRF’s FAQ on RFRA 
Congressional Research Service primer on RFRA
 
Cases
City of Boerne v. Flores (1997)
Employment Division v. Smith (1990)
Tanzin v. Tanvir (2020) 
FFRF’s amicus brief, written by Marci Hamilton
American Atheists and Center For Inquiry’s amicus brief
303 Creative LLC v. Elenis (2023)
U.S. Pastor Council (Braidwood Management) v. Equal Employment Opportunity Commission (2023)
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)
 
 
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Alison, Liz, and Rebecca go back to school! They discuss the latest wild and crazy state/church violations in public schools reported to their organizations, the postscript on the Coach Kennedy case, and the alarming move by Oklahoma to create the first religious public school.
Background
Pray to Play report
Prayer Walks and Public Schools report
We Dissent Episode 5 – You, Coach Kennedy, are no Tim Tebow
 
Complaints Discussed
Auburn University football team baptism
Baptism in Charlotte County Public Schools, FL 
“Jesus and Germs are Everywhere” sign in Victor Valley Union High School District, CA
Prayer walk in Marion County Public Schools, FL
 
Cases
Kennedy v. Bremerton School District (2022)
Liz Cavell, FFRF - “Praying coach’s actions do not alter the Constitution”
Hiram Sasser, First Liberty - “School district that fired praying coach Joe Kennedy under investigation, again”
Stone v. Graham (1980)
Trinity Lutheran v. Comer (2017)
Espinoza v. Montana Dept. of Revenue (2020)
St. Isidore Charter School Lawsuit - OKPLAC v. Statewide Virtual Charter School Board (2023)
Attorney General O'Connor’s December 2022 letter
FFRF’s January 2023 memo
Attorney General Drummond’s February 2023 letter
Engel v. Vitale (1962)
Resources
American Atheists Report a Violation
FFRF Report a Violation
 
 
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Our website, we-dissent.org, has more information as well as episode transcripts.
 

Alison, Liz, and Rebecca take a deep dive into Texas for a case study in theocratic government. They discuss recent Christian nationalist legislation advancing in the state, the takeover of state institutions by conservative Christian legal groups, and the many state/church battles their organizations have fought in Texas. 
 
Background
Texas Monthly - “How a Right-wing Law Firm Shaped the Judge Who Will Rule on the Abortion Pill”
The Washington Post - “Texas legislature passes bill allowing chaplains in public schools”
Religion News Service - “More than 100 chaplains urge Texans not to hire school chaplains”
FFRF, Americans United, and the ACLU/ACLU of Texas letter to Texas school districts
FFRF - “Thou shalt honor our secular public schools, Texas” 
Texas Tribune - “Key supporter of Texas school chaplain bill has pushed for evangelism in schools”
 
Resources
FFRF Action Alert sign-up
FFRF report a violation
American Atheists report a violation
American Atheists Action Alerts sign-up 
School Chaplain Law Advocacy Toolkit
Interfaith Alliance “Say No to Chaplains in Public Schools” campaign page
 
Bills Discussed
HB 4949/SB 1396 and SB 19: Would allow a period of prayer and reading of the Bible or other religious text in public schools
SB 17: Would have created the right for a public school employee to engage in religious speech or prayer while on duty
SB 1515: Would require the display of the Ten Commandments in public schools
SB 763: Would allow school districts to employ chaplains to perform the duties of school counselors
Cases
American Atheist’s Metroplex Atheists lawsuit
FFRF’s Texas Bill of Rights display lawsuit
FFRF’s praying judge lawsuit
Stone v. Graham (1980)



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Our website, we-dissent.org, has more information as well as episode transcripts.

Alison, Liz, and Rebecca discuss a better vision for religious liberty with Liz Reiner Platt, director of the Law, Rights, and Religion Project, a law and policy think tank based at Columbia Law School. They talk about using religious exemptions to promote progressive social causes and issues, including the legal fight for a right to abortion based on freedom of conscience.
 
Background
Liz Reiner Platt bio
Law, Rights, and Religion Project
We Dissent episode about 303 Creative
 
Resources
All Faiths and None: A Guide to Protecting Religious Liberty for Everyone
A Religious Right to Abortion: Legal History and Analysis
Parading the Horribles: The Risk of Expanding Religious Exemptions
 
Amicus Briefs
LRRP - Dousa v. U.S. Department of Homeland Security
LRRP “ No More Deaths” case - United States vs. Warren
American Atheists - Tanzin v. Tanvir
LRRP - United States v. Safehouse 
LRRP and FFRF - ​​Jane Doe v. AG of Indiana Amicus Brief 
LRRP - 303 Creative v. Elenis
 
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Our website, we-dissent.org, has more information as well as episode transcripts.
 

The Supreme Court continues to mess up civil rights for everyone. In this episode Rebecca and Liz discuss the two opinions handed down by the Supreme Court at the end of June, Groff v. DeJoy and 303 Creative v. Elenis. They recap the case, summarize the rulings, and discuss implications of the decisions.
 
Background
Groff v. DeJoy
SCOTUS decision
SCOTUSBlog - “Justices rule in favor of evangelical Christian postal worker”
Vox - “The other big decision handed down by the Supreme Court today, explained”
AA Groff v. DeJoy press release
FFRF Groff v. DeJoy press release
303 Creative v. Elenis
SCOTUS Decision 
SCOTUSBlog - “Supreme Court rules website designer can decline to create same-sex wedding websites”
Vox - “Neil Gorsuch has a problem with telling the truth”
FFRF 303 Creative press release
AA 303 Creative press release
Cases
Trans World Airlines, Inc. v. Hardison (1977)
 
 
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Our website, we-dissent.org, has more information as well as episode transcripts.
 

Alison, Rebecca, and Liz discuss the pending Post Office case—Groff v. DeJoy—another high-stakes case in which the Supreme Court considers how much hardship a business must bear to accommodate the religious practices of employees. They explain how the case threatens to disrupt decades of case law interpreting Title VII of the Civil Rights Act and what the oral arguments may have signaled about the potential outcome. 
Background
SCOTUS Blog Page
Oral arguments transcript
Freedom From Religion Foundation’s amicus brief
Center for Inquiry and American Atheists’ amicus brief
SCOTUS Blog - “Justices look for common ground in postal worker’s religious liberty case”
Vox - “The Supreme Court is unlikely to put the Christian Right in charge of your workplace — at least not yet”
Time - “The Post Office Made a Christian Employee Work on Sundays. Now He's at the Supreme Court”
New York Times - “Supreme Court Weighs Clash of Postal Worker’s Sabbath and Sunday Deliveries”
Cases
Trans World Airlines, Inc. v. Hardison (1977)
 
Check us out on Facebook and Twitter.
Our website, we-dissent.org, has more information as well as episode transcripts.