Harassment, Sexual, Racial, or Religious

Texas RFRA and the Houston "HERO" LGBT Referendum - Podcast

Texas Chapters Podcast
John C. Eastman, Josh Blackman, Kathleen Hunker, Eugene Volokh October 05, 2015

The Houston Equal Rights Ordinance (HERO) ballot initiative, which extends to housing & employment, has been described as an expansive LGBT anti-discrimination measure. The Texas Religious Freedom Restoration Act and the new Pastor Protection Act are intended to provide rights of conscience protection and some assurance of employment accommodation for religious objectors, in light of initiatives like HERO and the anti-discrimination ordinance in San Antonio. After the Supreme Court Obergefell v. Hodges decision, more and more states will face the conundrum encountered by states like Indiana, Kentucky, and now Texas, where the recently affirmed LGBT constitutional privacy interest is in tension with state and federal RFRA laws and other constitutional religious objector protections. Will states that desire to carve out religious conviction protections be eclipsed by the momentum of locally based anti-discrimination measures? Do federal laws provide sufficient public office and private party religious expression protection?


  • Prof. John Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law
  • Prof. Josh Blackman, Assistant Professor of Law, South Texas College of Law
  • Kathleen Hunker, Senior Policy Analyst with the Center for Economic Freedom, Texas Public Policy Foundation
  • Prof. Eugene Volokh,  Gary T. Schwartz Professor of Law, UCLA School of Law

The Hijab Case

Short video with Rachel Paulose discussing EEOC v. Abercrombie
Rachel K. Paulose February 26, 2015

Former US Attorney for Minnesota, Rachel Paulose, explains the issues in dispute before the Supreme Court in EEOC v. Abercrombie in which a 17-year-old Muslim applicant alleges employment discrimination when Abercrombie refused to hire her as a "model" because of her religious head-covering.  Abercrombie denies the allegation.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Sexual Assault on Campus - Event Video

2014 National Lawyers Convention
Heather MacDonald, Seth Galanter, Lara S. Kaufmann, Greg Lukianoff, Diane S. Sykes, Gail Heriot November 17, 2014

Sexual assault on campus is a serious issue—so serious that it is difficult for some to speak plainly about it.  As a result, disagreements abound—even about issues as fundamental as the definition of sexual assault.  This panel will discuss the nature and extent of sexual assault on campus.  It will examine the Department of Education’s “Dear Colleague” letter of April 4, 2011 on sexual violence, the numerous investigations that it has opened in colleges and universities around the country, and the effect they are having on campus.  It will also discuss the new  "Only Yes Means Yes," laws recently adopted in California and being considered around the country.  Among the questions that will be addressed are: How dangerous are our college campuses?  From where does the U.S. Department of Education derive the authority to address this issue?  Is due process being accorded to those who are accused of sexual assault?

The Federalist Society's Civil Rights Practice Group presented this panel on "Sexual Assult on Campus" on Friday, November 14, during the 2014 National Lawyers Convention.


  • Ms. Heather Mac Donald, Thomas W. Smith Fellow, Manhattan Institute
  • Mr. Seth Galanter, Principal Deputy Assistant Secretary, Office for Civil Rights, U.S. Department of Education
  • Ms. Lara S. Kaufmann, Senior Counsel & Director of Education Policy for At-Risk Students, National Women's Law Center
  • Mr. Greg Lukianoff, President, Foundation for Individual Rights in Education
  • Moderator: Hon. Diane S. Sykes, U.S. Court of Appeals for the Seventh Circuit
  • Introduction: Hon. Gail Heriot, U.S. Commission on Civil Rights, and Professor, University of San Diego School of Law; and Chairman, Civil Rights Practice Group

Mayflower Hotel
Washington, DC