Hi, I'm Michael Gerhart at Constitutional Law Professor at the University of North Carolina, and I have the honor of being the scholar and residents at the National Constitution Center.

Welcome to We The People, a Weekly Show of Constitutional Debate.

Our President and CEO Jeffrey Rosen is away this week.

The National Constitution Center is the only institution in America chartered by Congress

to disseminate information about the United States Constitution

on a nonpartisan basis.

In today's show, we examined one of the most hotly contested constitutional questions of

the week and perhaps of the last several years.

When religious belief conflicts with state or federal law,

or with another constitutional right, which claim wins out.

The news this week has been dominated by the story of Kentucky court clerk Kim Davis

who was in prison for refusing to issue marriage licenses to same-sex couples.

She was released on September 9th with the order not to interfere with her deputy clerks

who are now issuing those licenses. And on August 31st, Judge Richard Leon of

the United States District Court for the District of Columbia ruled in March for Life versus Burwell,

one of several challenges to the Affordable Care Act's so-called contraceptive mandate.

In fact, just last week, five judges on the United States Court of Appeals for the Tenth Circuit

issued a sharp dissent to the court's decision not to rehear a separate challenge brought by the

little sisters of the poor.

The judges said the ruling upholding the mandate is quote contrary to all precedent concerning the free exercise of religion unquote

Joining us to provide context and commentary are two terrific guests

First Matt Bowman, he is Senior Legal Counsel at the Alliance defending freedom,

...