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Gay Rights vs. Religious Freedom

Hively v. Ivy Tech Community College - Podcast

Religious Liberties Practice Group Podcast
Kenneth A. Klukowski, Anthony Michael Kreis June 02, 2017

On April 4, 2017, the Seventh Circuit handed down a divided en banc opinion in Hively v. Ivy Tech Community College, opening a circuit split on how to interpret Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on "race, color, religion, sex, or national origin[.]" In Hively, the Seventh Circuit became the first Court of Appeals to hold that sex discrimination encompasses discrimination based on sexual orientation. It held that plaintiff Kimberly Hively could pursue a claim against her former employer, Ivy Tech Community College, for her firing, which she claimed was motivated by her sexual orientation. In doing so, the court opened a split with the Eleventh Circuit, which had held just a few months earlier that employer decisions based on sexual orientation were not discrimination prohibited by Title VII. In addition to paving the way for a potential Supreme Court case to resolve the issue, the Seventh Circuit's decision includes an array of opinions demonstrating different methods of statutory interpretation.

Featuring:

  • Kenneth A. Klukowski, General Counsel, American Civil Rights Union
  • Prof. Anthony Michael Kreis, Visiting Assistant Professor of Law, Chicago-Kent College of Law

Conscience Cases and Religious Liberty - Podcast

Religious Liberties Practice Group Podcast
Ryan T. Anderson, Anthony Michael Kreis December 21, 2016

With the legalization of gay marriage, numerous cases have arisen in which private citizens have refused to provide services to same-sex citizens getting married. Bakers, photographers, and even local magistrates have been taken to court for discrimination. In this Teleforum, our Religious Liberties experts will join us to discuss whether refusing products or services for same-sex weddings should count as sexual orientation discrimination, and if so, whether the law should provide exemptions for refusals based on religion or conscience about the nature of marriage.

Featuring:

  • Dr. Ryan T. Anderson, Senior Research Fellow in American Principles and Public Policy, The Heritage Foundation
  • Prof. Anthony Michael Kreis, Visiting Assistant Professor of Law, Chicago-Kent College of Law

Religious Freedom of Religious Colleges - Podcast

Religious Liberties Practice Group Podcast
Gregory S. Baylor August 25, 2016

Mr. Gregory S. Baylor of Alliance Defending Freedom discussed current and future challenges to the religious freedom of faith-based institutions of higher education, with a special focus on the ongoing debate over California Senate Bill 1146. Earlier versions of SB1146 would have significantly curtailed longstanding religious freedom protections in state anti-discrimination law, thereby exposing faith-based schools to liability for discrimination on the basis of religion, sexual orientation, and gender identity in student and employee relations. The bill's prime sponsor recently removed its most controversial provisions, but he indicated that a similar bill may be proposed in the next legislative session.

Featuring:

  • Mr. Gregory S. Baylor, Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom

Federalism and Religious Liberty - Event Audio/Video

2016 Annual Western Chapters Conference
John C. Eastman, Marci A. Hamilton, Carlos T. Bea, Joel Ard February 17, 2016

How should federalism affect “moral” issues like abortion, traditional marriage, and state RFRA laws? What about the intersection of equal protection and religious liberties? Should pro-life state attorneys general, for example, file lawsuits against abortion providers like Planned Parenthood? Is religious faith and morality inherently in tension with fidelity to the rule law?

This debate was part of the 2016 Annual Western Chapters Conference at The Ronald Reagan Presidential Library in Simi Valley, CA on January 30, 2016.

Federalism and Religious Liberty

  • Prof. John Eastman, Dale E. Fowler School of Law, Chapman University
  • Prof. Marci Hamilton, Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University
  • Moderator: Hon. Carlos Bea, U.S. Court of Appeals, 9th Circuit
  • Introduction: Mr. Joel Ard, Member, Foster Pepper PLLC

The Ronald Reagan Presidential Library
Simi Valley, CA

Federalism and Religious Liberties - Event Audio/Video

2016 Annual Florida Chapters Conference
Carl H. Esbeck, William P. Marshall, Michael P. Moreland, Timothy Osterhaus, Nathan A. Adams February 03, 2016

This panel will address the religious rights of persons and corporate entities in the context of the same sex marriage rulings, threats to not-for-profit status, cake baking, and other current areas of uncertainty. The panel will also discuss appropriate Federal/Florida roles and possible distinctions between protection under the law and civil disobedience in the context of religious liberty.

This panel was part of the 2016 Annual Florida Chapters Conference at Disney's Boardwalk Inn in Lake Buena Vista, FL on January 22-23, 2016.

Federalism and Religious Liberties

  • Prof. Carl H. Esbeck, R.B. Price Professor Emeritus of Law/Isabelle Wade & Paul C. Lyda Emeritus of Law, University of Missouri School of Law
  • Prof. William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
  • Prof. Michael P. Moreland, Mary Ann Remick Senior Visiting Fellow and Concurrent Professor of Law at University of Notre Dame
  • Moderator: Hon. Timothy Osterhaus, Florida First District Court of Appeal
  • Introduction: Dr. Nathan Adams, Holland & Knight LLP

Disney's Boardwalk Inn
Lake Buena Vista, FL