The Future of Church and State at SCOTUS

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 23 July 2020

⏱️ 59 minutes

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Summary

In the term that just wrapped up, the Supreme Court decided several key cases weighing the First Amendment’s protection of free exercise of religion in relation to workers’ rights and antidiscrimination concerns, the separation of church and state, and more. This week’s episode examines those cases including: Espinoza v. Montana Dept. of Revenue holding that Montana can’t deny tuition assistance to parents who send their children to religious-affiliated private schools Our Lady of Guadalupe v. Morrissey-Berru holding that the plaintiffs, teachers at religious schools, couldn’t sue for employment discrimination because, under the “ministerial exception,” their schools can make decisions about teaching without government interference Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania: holding that religious employers don’t have to provide health insurance for contraceptive coverage if doing so violates their beliefs Host Jeffrey Rosen is joined by constitutional law scholars Leah Litman and Michael McConnell. Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Transcript

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0:00.0	I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We
0:08.6	the People, a weekly show of constitutional debate.
0:12.0	The National Constitution Center is a nonpartisan
0:14.4	nonprofit chartered by Congress to increase awareness and understanding of the
0:19.2	Constitution among the American people. In the momentous term that just wrapped up,
0:25.0	the Supreme Court decided several key cases
0:28.0	related to the free exercise of religion.
0:31.0	On today's episode, we'll look deeply at those cases and the future of the
0:36.8	free exercise clause and we're greatly honored to be joined by two of America's leading experts in the law of religious freedom and of the Constitution.
0:47.0	Leah Littman is assistant professor of law at the University of Michigan Law School where she specializes in constitutional law.
0:54.2	She's a regular contributor to the Take Care blog and one of the co-hosts and creators of
0:58.7	strict scrutiny, a podcast about the US Supreme Court.
1:02.3	Leah, it's wonderful to have you back on the show. Whitney, a podcast about the US Supreme Court.
1:02.6	Leah, it's wonderful to have you back on the show.
1:05.2	It's wonderful to be back.
1:06.3	Thanks for having me.
1:07.6	And Michael McConnell is the Richard and Francis Mallory
1:10.2	professor and director of the Constitutional Law Center at Stanford Law School,
1:14.4	and a senior fellow at the Hoover Institution.
1:16.8	He's the author of the forthcoming book,
1:18.8	Establishment of Religion, Neutrality, Accommodation,
1:22.2	and Separation, which will be published in 2021, and which we can't
	...

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