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Title IX & Gender Identity: Gloucester County v. G.G.

Short video featuring Ilya Shapiro
Ilya Shapiro April 27, 2017

Who has the authority to interpret statutes like Title IX? Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute, outlines a debate over the inclusion of gender identity when applying Title IX. Shapiro considers the recent case of Gloucester County v. G.G., which questions whether courts should give deference to a Department of Education guidance letter that stipulates publically-funded schools must provide facilities to accommodate transgender students.

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 Liberty vs. Nondiscrimination: Reconcilable or Intractable? - Podcast

Civil Rights Practice Group Podcast
Peter N. Kirsanow October 14, 2016

Recent legal developments ranging from Supreme Court decisions to administrative actions have raised significant issues about the balance between religious liberties and prohibitions against discrimination. To what extent must an individual’s right to religious freedom yield to the state’s interest in protecting individuals against discrimination? Does the Free Exercise Clause extend beyond one’s home or church?

The U.S. Commission on Civil Rights recently issued a report that appears to tilt in favor of nondiscrimination over religious liberty. What does this portend for the future of religious liberty?

Featuring:

  • Hon. Peter N. Kirsanow, , Commissioner, U.S. Commission on Civil Rights

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

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?

Featuring:

  • 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