We Dissent

Liz and Rebecca continue the SCOTUS religion cases coverage with Mahmoud v. Taylor, a case that threatens to force public school districts to bend to the will of their most conservative religious parents. They discuss how the case came to be, what the oral arguments told us, and why this case actually is about book banning and censorship.   Background SCOTUSblog Amicus briefs AU FFRF  SCOTUSblog: “Supreme Court considers parents' efforts to exempt children from books with LGBTQ themes”  Vox: “The Supreme Court threatens to bring ‘Don't Say Gay' to every classroom in America” Cases Discussed FFRF v. The County of Lehigh (2016) Wisconsin v. Yoder (1972) Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018) Upcoming Case Oklahoma Statewide Charter School Board v. Drummond   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

Liz and Rebecca break down the latest Supreme Court case, Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission. They explain how the case seeks to expand religious tax exemptions yet again, while threatening the unemployment benefits of thousands of workers. They share their analysis of the oral arguments and predictions on how the Court's decision will affect workers.    Background Oral Argument  SCOTUSblog Amicus briefs Americans United FFRF Liz on the podcast “One Nation, Indivisible”  Vox: “The Supreme Court's new religion case could devastate American workers”   Upcoming Cases Mahmoud v. Taylor Oklahoma Statewide Charter School Board v. Drummond   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

Rebecca and Liz welcome Americans United Associate Vice President of Public Policy Dena Sher to the show to discuss President Trump's spate of executive orders. Dena reminds us what executive orders are and we break down the ones that affect religious liberty and the separation of church and state.   Background Dena Sher, Associate Vice President of Public Policy at Americans United How to take action FFRF action alerts AU action alerts   Executive Orders EO establishing the White House Faith Office EO creating a task force to eradicate anti-Christian bias EO banning the use of federal funds to support gender ideology and discriminatory equity theories EO expanding vouchers and school choice programs EO defining gender as male and female EO restricting transgender people from participating in sports  EO restricting gender affirming care Other Legislation Discussed Educational Choice for Children Act Do No Harm Act Louisiana law that would require Ten Commandments in classrooms FFRF case page AU case page   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  

Liz and Rebecca take a break from the regular schedule to answer listener questions. They talk about how the founders viewed state/church separation, the issues our movement should focus on, and how to engage women in the cause of secularism.    Resources AU's Project 2025 Hub Abortion resources  aidaccess.org plancpills.org How to Contact Your Elected Officials FFRF  Join FFRF Donate to FFRF Sign up for action alerts Americans United  Join AU Donate to AU Sign up for action alerts   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

SCOTUS is considering whether Tennessee's total ban on transgender medical care for minors violates the Equal Protection Clause, and Liz and Rebecca have some thoughts. They explain what the oral arguments last month revealed and what the stakes are for the real people who will be affected by the Court's decision.    Background Case page on SCOTUSblog Oral Arguments Transcript Senate Bill 1 NYT: "Opinion - The Supreme Court Just Showed Us What Contempt for Expertise Looks Like” SCOTUSblog: Supreme Court appears ready to uphold Tennessee ban on youth transgender care Cases Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018) Loving v. Virginia (1967)   Bostock v. Clayton County (2020)   Submit your questions for the mailbag episode here!   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

Liz and Rebecca process the 2024 election results. They discuss the challenges the new administration will bring, some under-the-radar encouraging election results, and how their organizations plan to continue fighting for secular democracy in the months and years ahead.   Background National Women's Law Center Abortion ACLU of Missouri's abortion case - Comprehensive Health of Planned Parenthood Great Plains & Planned Parenthood Great Rivers v. Missouri AU's abortion case - Rev. Blackmon v. Missouri  Results for education and school choice ballot measures, 2024 Project 2025 Episode 34 - Project 2025  AU's Project 2025 Hub CBS News: “See the full list of Trump Cabinet picks and major White House appointments” New York Magazine: “All of the Trump Cabinet Picks That Have Ties to Project 2025” Resources FFRF  Join FFRF Donate to FFRF Sign up for action alerts Americans United  Join AU Donate to AU Sign up for action alerts How to Contact Your Elected Officials   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca are joined by Jenifer McKenna to talk about the billion dollar crisis pregnancy center industry and its role in the anti-abortion movement. They discuss the massive harms caused by these unregulated fake clinics, Jenifer's work on the first multi-state CPC investigation, and a new approach to exposing their unethical tactics and fighting back. Show Notes Reproductive Health & Freedom Watch “Designed to Deceive: A Study of the Crisis Pregnancy Center Industry in Nine States” Reproductive Health & Freedom Watch: Recent CPC research and analysis “Why is the billion-dollar unregulated pregnancy clinic industry receiving increasing taxpayer dollars?” “Unregulated Pregnancy Clinic Industry's Revenue Soars to $1.7 Billion Annually” “Anti-Choice Leaders Are Mobilizing Thousands of Unregulated Pregnancy Clinics Against Abortion Access Ballot Initiatives” Jenifer McKenna's Ms Magazine articles “Anti-Abortion Extremists Are Diverting Tax Dollars to Crisis Pregnancy Centers” “Unregulated Pregnancy Clinics Collect Health Information From Pregnant People—With No Privacy Protection” “Documentary ‘Preconceived' Exposes Horrors of Crisis Pregnancy Center Industry: ‘I Came to You for Help. Why Did You Lie?'” Women's Law Project Gender Justice Rewire investigation on LIFElink Carolina  ”Preconceived” Documentary  Cases NIFLA v. Becerra (2018) Jane Doe v. Clearway Clinic (2023) Four Women Health Services v. Abundant Hope Pregnancy Resource Center (2024)   Check us out on YouTube, Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca interview Sarah Posner, author and interviewer. They discuss the evolution of the Christian right, debate how to talk about Christian Nationalism, and break down the sky high stakes of this year's election.    Show Notes Sarah Posner's Website Sarah's new book: Unholy: How White Christian Nationalists Powered the Trump Presidency, and the Devastating Legacy They Left Behind Previous episode on Project 2025 Anna Bower, Lawfare: “Will Georgia's New Election Rules Allow Trump to Steal the Presidency?” Catherine Joyce, Vanity Fair: "Behind the Catholic Right's Celebrity-Conversion Industrial Complex" Previous episode with interview of Christians Against Christian Nationalism's Amanda Tyler Lydia Bean, The Politics of Evangelical Identity     Check us out on YouTube, Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca dig into Project 2025, the comprehensive transition project for the next conservative administration. They explain the project and illustrate the throughlines of its policy agenda— Christian nationalist ideology and the obliteration of the separation of church and state. Background SPLC on Alliance Defending Freedom Project 2025's Four Pillars #1: Mandate for Leadership 2025: The Conservative Promise #2: Presidential Personnel Database & Presidential Administration Academy Questionnaire New York Times (2024) - “A Questionnaire for Applicants to the Next Conservative White House”  #3: Presidential Administration Academy ProPublica (2024) - “Inside Project 2025's Secret Training Videos” #4: 180-Day Playbook Katherine Stewart, The Power Worshippers U.S. Department of Education “Dear Colleague Letter” Resources AU's Project 2025 Hub   Check us out on YouTube, Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca speak with Wisconsin State Senator Kelda Roys. They discuss what it's like to be a nonreligious lawmaker in today's legislative world as well as the threat of Christian Nationalism to our secular democracy and civil rights like reproductive freedom.   Background Senator Kelda Roys' bio Congressional Freethought Caucus Abortion resources  aidaccess.org plancpills.org Previous episode that discusses mifepristone Jessica Valenti substack Jill Filipovic substack Check us out on YouTube, Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca break down the 2024 Supreme Court term. They explain how the Court decided the two cases affecting abortion access, then they explain several other decisions of the Court that massively disrupt how the government functions and shift even more power away from the people.    Cases and Background Mifepristone Case - FDA v. Alliance for Hippocratic Medicine Previous episode Decision FFRF and AA's Amicus Brief AU's Amicus Brief EMTALA Case - Moyle v. US Previous episode Decision Joint Amicus Brief Chevron Case - Loper Bright Enterprises v. Raimondo Previous episode on regulations Decision  SEC v. Jarkesy Corner Post v. Federal Reserve Presidency and Criminal Liability Case - Trump v. US Decision    Check us out on YouTube, Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca are joined by reproductive rights expert, political strategist, and advocate Maya Rupert. They discuss how the fight for reproductive justice is being waged post-Dobbs and why the personal has never been more political.    Background When We Win with Maya Rupert Center For Reproductive Rights National Women's Law Center Explanation of EMTALA Joint amicus brief Episode 30 - The Mifepristone Case at SCOTUS Cases Dobbs v. Jackson Women's Health Organization (2022) Moyle v. United States (2024)   Check us out on YouTube, Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

Not two years after overturning Roe v. Wade, the US Supreme Court is considering a case that threatens to take the abortion pill, mifepristone, off the market. Alison, Liz, and Rebecca explain how the anti-abortion activist lawsuit started, how it got to the Court, and what we learned from the recent oral arguments.   Background SCOTUSblog Oral arguments transcript FFRF's Trump judges report Americans United's amicus brief FFRF and AA's joint amicus brief New York Times (2021) - “F.D.A. Will Permanently Allow Abortion Pills by Mail” FFRF's Ask An Atheist - “Dr. Alito, What Pills Can I Take?” Other Links Episode 9 – No Victory for Religious Liberty: Discussing Coach Prayer with Rachel Laser AU's Website FFRF's Website AA's Website   Check us out on YouTube, Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

Alison, Liz, and Rebecca welcome guest Amanda Tyler, executive director of the Baptist Joint Committee and lead organizer of BJC's Christians Against Christian Nationalism campaign. They discuss the urgent threat that Christian nationalist ideology poses to American democracy, how nonreligious and religious Americans alike can fight back, and Amanda explains the strong historical tradition of supporting state/church separation in the Baptist movement.   Show Notes Amanda Tyler's Bio How to End Christian Nationalism by Amanda Tyler Baptist Joint Committee  Respecting Religion Podcast Roger Williams Symposium: Is This a Christian Nation? BCJ and FFRF's joint report “Christian Nationalism and the January 6, 2021 Insurrection”  Christians Against Christian Nationalism Previous episode that talks about the Texas chaplain bill BJC's "say 'no' to chaplains in public schools" FFRF's 2023 Convention Panel on Christian Nationalism    Check us out on Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

Join Rebecca, Alison and Liz for a journey through the history and principles behind the U.S. exempting churches from taxation! We discuss the practice of tax exemption for charitable organizations, including churches, the major cases about the constitutionality of these ideas, and abuses of the Johnson Amendment.    Background History of churches and taxes 2024 State of the Secular States report FFRF FAQ on churches and tax exemption Churchtrac - The State of Church Giving: Trends and Statistics (2024) IRS requirements for church audits Other podcasts that talk about church taxation Tax Chat Evangelicalish Cases Trinidad v. Sagrada Orden (1924) Walz v. Tax Commission of the City of New York (1970) FFRF's IRS Cases FFRF v. Geithner (2014) FFRF v. Daniel Werfel (2014) Gaylor v. Mnuchin (2016) Nonbelief Relief v. Kautter (2019) Texas Monthly v. Bullock (1989) McCulloch v. Maryland (1819)     Check us out on Instagram, Facebook, and X. Our website, we-dissent.org, has more information as well as episode transcripts.

It's that wonderful time of year when Alison guides Rebecca and Liz through the upcoming legislative sessions in states across the country. We discuss upsetting trends in state legislation and bills we're monitoring that affect the separation of church and state and threaten true religious liberty for everyone.   Background and Resources Previous episode about the legislative process Previous episode about Texas 2024 State of the Secular States report American Atheists State Legislation Tracker  What you can do FFRF and American Atheists' Action Alerts Equality Florida ACLU State Affiliates  Reproductive Freedom For All   Bills Discussed Religion in schools School chaplain bills Texas Florida Indiana Nebraska Alabama Oklahoma HB 2962: Would require the display of the Ten Commandments in classrooms Utah HB 269: Would allow teachers to display the Ten Commandments in classrooms Arizona SB 1151: Would allow teachers to display the Ten Commandments in classrooms West Virginia SB 280: Would allow teachers to each intelligent design as a theory of how the universe came to exist Trans bills The Guardian - “Missouri is ground zero for the firehose of anti-trans legislation” Missouri HB1674: Would make it discrimination for a business to allow trans employees to access appropriate bathrooms Utah HB 257: Would make using a bathroom that does not align with one's sex assigned at birth a criminal trespass offense Healthcare Missouri HB 1519: Prohibits discrimination against health care professionals who refuse to assist in trans healthcare Oklahoma SB 1729: Would recognize abortion as homicide Idaho HJR001: Would remove the no aid clause from the Idaho constitution   Cases Discussed  Lemon v. Kurtzman (1971) Kennedy v. Bremerton School District (2022) Stone v. Graham (1980) Van Orden v. Perry (2005)     Check us out on Instagram, Facebook, and X (Formerly Twitter). Our website, we-dissent.org, has more information as well as episode transcripts.  

Liz and Rebecca answer your burning questions on religious liberty issues and more! This episode, we reach into the mailbag and take on topics from YOU, our loyal listeners.   Background FFRF's Website American Atheists' Website Alliance for Justice: Statement of Principles: The Biden Administration Must Prioritize Judges Check us out on Instagram, Facebook, and X (Formerly Twitter). Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca interview Anaya Gayle—lawyer, ex-Mormon, and former BYU assistant dean. They discuss the power and influence the church wields and life for LGBTQ+ students at BYU, as Anaya shares her experience inside the insular LDS community.     Background More about Anaya Gayle Anaya's Bio Interview with the Human Stories podcast News story - “Former BYU assistant dean speaks out against Honor Code” BYU Honor Code controversy BYU Honor Code "The Divine Institution of Marriage": An Overview of LDS Involvement in the Proposition 8 Campaign   Check us out on Instagram, Facebook and X ( Formerly Twitter). Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca are joined by Professor Marci Hamilton, legal icon and leading expert on the Religious Freedom Restoration Act (RFRA) and extreme religious liberty. Professor Hamilton explains the origin story of RFRA, how it has led us to the emerging theocracy we face, and what Americans can do to reclaim true religious liberty before it's too late.  Submit a question for the holiday mailbag episode here!   Background Professor Marci Hamilton's bio CHILD USA, Prof. Hamilton's think tank FFRF's FAQ on RFRA  Congressional Research Service primer on RFRA   Cases City of Boerne v. Flores (1997) Employment Division v. Smith (1990) Tanzin v. Tanvir (2020)  FFRF's amicus brief, written by Marci Hamilton American Atheists and Center For Inquiry's amicus brief 303 Creative LLC v. Elenis (2023) U.S. Pastor Council (Braidwood Management) v. Equal Employment Opportunity Commission (2023) Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012)     Check us out on Instagram, Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Alison, Liz, and Rebecca go back to school! They discuss the latest wild and crazy state/church violations in public schools reported to their organizations, the postscript on the Coach Kennedy case, and the alarming move by Oklahoma to create the first religious public school. Background Pray to Play report Prayer Walks and Public Schools report We Dissent Episode 5 – You, Coach Kennedy, are no Tim Tebow   Complaints Discussed Auburn University football team baptism Baptism in Charlotte County Public Schools, FL  “Jesus and Germs are Everywhere” sign in Victor Valley Union High School District, CA Prayer walk in Marion County Public Schools, FL   Cases Kennedy v. Bremerton School District (2022) Liz Cavell, FFRF - “Praying coach's actions do not alter the Constitution” Hiram Sasser, First Liberty - “School district that fired praying coach Joe Kennedy under investigation, again” Stone v. Graham (1980) Trinity Lutheran v. Comer (2017) Espinoza v. Montana Dept. of Revenue (2020) St. Isidore Charter School Lawsuit - OKPLAC v. Statewide Virtual Charter School Board (2023) Attorney General O'Connor's December 2022 letter FFRF's January 2023 memo Attorney General Drummond's February 2023 letter Engel v. Vitale (1962) Resources American Atheists Report a Violation FFRF Report a Violation     Check us out on Instagram, Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Liz, and Rebecca take a deep dive into Texas for a case study in theocratic government. They discuss recent Christian nationalist legislation advancing in the state, the takeover of state institutions by conservative Christian legal groups, and the many state/church battles their organizations have fought in Texas.    Background Texas Monthly - “How a Right-wing Law Firm Shaped the Judge Who Will Rule on the Abortion Pill” The Washington Post - “Texas legislature passes bill allowing chaplains in public schools” Religion News Service - “More than 100 chaplains urge Texans not to hire school chaplains” FFRF, Americans United, and the ACLU/ACLU of Texas letter to Texas school districts FFRF - “Thou shalt honor our secular public schools, Texas”  Texas Tribune - “Key supporter of Texas school chaplain bill has pushed for evangelism in schools”   Resources FFRF Action Alert sign-up FFRF report a violation American Atheists report a violation American Atheists Action Alerts sign-up  School Chaplain Law Advocacy Toolkit Interfaith Alliance “Say No to Chaplains in Public Schools” campaign page   Bills Discussed HB 4949/SB 1396 and SB 19: Would allow a period of prayer and reading of the Bible or other religious text in public schools SB 17: Would have created the right for a public school employee to engage in religious speech or prayer while on duty SB 1515: Would require the display of the Ten Commandments in public schools SB 763: Would allow school districts to employ chaplains to perform the duties of school counselors Cases American Atheist's Metroplex Atheists lawsuit FFRF's Texas Bill of Rights display lawsuit FFRF's praying judge lawsuit Stone v. Graham (1980) Check us out on Instagram, Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Alison, Liz, and Rebecca discuss a better vision for religious liberty with Liz Reiner Platt, director of the Law, Rights, and Religion Project, a law and policy think tank based at Columbia Law School. They talk about using religious exemptions to promote progressive social causes and issues, including the legal fight for a right to abortion based on freedom of conscience.   Background Liz Reiner Platt bio Law, Rights, and Religion Project We Dissent episode about 303 Creative   Resources All Faiths and None: A Guide to Protecting Religious Liberty for Everyone A Religious Right to Abortion: Legal History and Analysis Parading the Horribles: The Risk of Expanding Religious Exemptions   Amicus Briefs LRRP - Dousa v. U.S. Department of Homeland Security LRRP “ No More Deaths” case - United States vs. Warren American Atheists - Tanzin v. Tanvir LRRP - United States v. Safehouse  LRRP and FFRF - ​​Jane Doe v. AG of Indiana Amicus Brief  LRRP - 303 Creative v. Elenis   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.  

The Supreme Court continues to mess up civil rights for everyone. In this episode Rebecca and Liz discuss the two opinions handed down by the Supreme Court at the end of June, Groff v. DeJoy and 303 Creative v. Elenis. They recap the case, summarize the rulings, and discuss implications of the decisions.   Background Groff v. DeJoy SCOTUS decision SCOTUSBlog - “Justices rule in favor of evangelical Christian postal worker” Vox - “The other big decision handed down by the Supreme Court today, explained” AA Groff v. DeJoy press release FFRF Groff v. DeJoy press release 303 Creative v. Elenis SCOTUS Decision  SCOTUSBlog - “Supreme Court rules website designer can decline to create same-sex wedding websites” Vox - “Neil Gorsuch has a problem with telling the truth” FFRF 303 Creative press release AA 303 Creative press release Cases Trans World Airlines, Inc. v. Hardison (1977)     Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.  

Alison, Rebecca, and Liz discuss the pending Post Office case—Groff v. DeJoy—another high-stakes case in which the Supreme Court considers how much hardship a business must bear to accommodate the religious practices of employees. They explain how the case threatens to disrupt decades of case law interpreting Title VII of the Civil Rights Act and what the oral arguments may have signaled about the potential outcome.  Background SCOTUS Blog Page Oral arguments transcript Freedom From Religion Foundation's amicus brief Center for Inquiry and American Atheists' amicus brief SCOTUS Blog - “Justices look for common ground in postal worker's religious liberty case” Vox - “The Supreme Court is unlikely to put the Christian Right in charge of your workplace — at least not yet” Time - “The Post Office Made a Christian Employee Work on Sundays. Now He's at the Supreme Court” New York Times - “Supreme Court Weighs Clash of Postal Worker's Sabbath and Sunday Deliveries” Cases Trans World Airlines, Inc. v. Hardison (1977)   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Rebecca, Liz, and Alison discuss the state of state/church separation with Professor Caroline Corbin, constitutional law professor at the University of Miami. They review the history of Establishment Clause jurisprudence, remind listeners about what the Supreme Court did to the religion clauses in 2022, and discuss where we stand now in regards to rights under the First Amendment. TLDR: If you're a Christian, rest assured it's a “Heads I Win, Tails You Lose” court.   Background Professor Caroline Corbin's bio  The Remains of the Establishment Clause (Lupu & Tuttle, updated 2023) James Madison's Memorial and Remonstrance against Religious Assessments Previous We Dissent episodes on Carson v. Makin The Sleeper Case: Carson v. Makin Bonus Episode! Carson v. Makin Update American Atheists Kennedy v. Bremerton amicus brief   Cases Firewalker-Fields v. Lee (2023) Town of Greece v. Galloway (2014) Sambrano v. United Airlines (2022) County of Allegheny v. American Civil Liberties Union (1989) The American Legion v. American Humanist Association (2019) Stone v. Graham (1980)   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Alison, Liz, and Rebecca are joined by Katie O'Connor, Deputy Chief Counsel at Demand Justice, to discuss court reform. Katie explains how the Supreme Court and federal courts have been broken, why it's an existential threat to our secular democracy, and how we can fix it.  Background Demand Justice FFRF report on Trump judges Presidential Commission on the Supreme Court of the United States   Legislation Discussed Supreme Court Ethics, Recusal, and Transparency Act of 2023 H.R.1 - For the People Act of 2021 H.R.4 - John R. Lewis Voting Rights Advancement Act of 2021 H.R.2584 - Judiciary Act of 2021 H.R.5140 - Supreme Court Term Limits and Regular Appointments Act of 2021 H.R.4886 - District Court Judgeships Act of 2021 H.R.8936 - Circuit Court Judgeships Act of 2022 H.R.642 - Restoring Judicial Separation of Powers Act   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Alison, Liz, and Rebecca welcome another guest to the pod—Sasha Buchert, senior attorney and director of the Non-Binary and Transgender Rights Project for Lambda Legal. Sasha guides us through a discussion of the history of transgender rights in the courts, the current legislative attacks on trans people we are seeing across the country, and the litigation to overturn anti-trans laws.   Background Lambda Legal Sasha Buchert's bio “Price Waterhouse v. Hopkins at Thirty” by Sasha Buchert Examples of Court Decisions Supporting Coverage of LGBT-Related Discrimination Under Title VII Cases Price Waterhouse v. Hopkins (1988) Bostock v. Clayton County (2020) Lusardi v. McHugh (2015) Grimm v. Gloucester County School Board (2021) Adams v. The School Board of St. Johns County, Florida (2020) B.P.J. v. West Virginia State Board of Education (2023) L.E. v. Lee (2023) Soule et al v. CT Association of Schools et al. (2023)  Bridge v. Oklahoma State Department of Education (2022) Schroer v. Billington (2008) Religious Sisters of Mercy v. Becerra (2022) Resources American Atheists Sign up for action alerts  State Legislation Tracker  FFRF Sign up for action alerts  Lambda Legal events How to Contact Your Elected Officials   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

What is the ministerial exception? Where did it come from? What has the Supreme Court said about this legal doctrine? In this episode, Rebecca, Liz and Alison recount the history of the ministerial exception and break down the two major cases from the Supreme Court on point: Hosanna-Tabor Evangelical Church and School v. Equal Employment Opportunity Commission and Our Lady of Guadalupe v. Morrisey-Berru.  Background “The Right's Religious Liberty Agenda Is on a Collision Course With Labor Law” “Supreme Court affirms ‘ministerial exception' that protects religious organizations from some lawsuits” Cases Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012) Our Lady of Guadalupe School v. Morrissey-Berru (2020) FFRF and American Medical Women's Association amicus brief The Center for Inquiry, American Atheists, and American Humanist Association's amicus brief   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.  

Rebecca, Liz and Alison discuss the December 2022 oral arguments in the latest services for same sex wedding case, 303 Creative v. Elenis. This case involves a Christian website designer who would like to expand her business to create wedding websites, but would refuse to do that for same sex couples. The hosts discuss the craziness that was the oral argument and what this case means for religious liberty and gay rights. Background SCOTUS Blog Page Oral Arguments Coalition amicus brief “Colorado web designer's First Amendment challenge will test the scope of state anti-discrimination laws” “Conservative justices seem poised to side with web designer who opposes same-sex marriage” “The big stakes in the Supreme Court's new LGBTQ rights case”   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Alison guides us through the legislative process in states and what to expect in the 2023 legislative sessions. We discuss how a bill becomes a law, what bills we're tracking for next year, and give advice on how you can become an effective advocate!  Cases Marsh v. Chambers (1983) Carson v. Makin (2022) Dobbs v. Jackson Women's Health Organization (2022) Kennedy v. Bremerton School District (2022) New York State Rifle & Pistol Assoc. v. Bruen (2022) Resources American Atheists Sign up for action alerts  State Legislation Tracker  State of the Secular States report FFRF Sign up for action alerts Other Links Project Blitz Megan Hunt at FFRF's convention   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Rebecca, Liz, Monica, and Alison discuss the ways in which the separation of church and state surfaces during election season. They'll break down the Johnson Amendment, the rules and restrictions churches must adhere to in order to be tax-exempt, and then explore the unique complaints they receive involving voting in churches. FFRF, AHA, and American Atheists (like churches!) are 501(c)(3) organizations and therefore do not endorse or oppose candidates for public office. Background The Texas Tribune and Propublica (2022) - “Churches are breaking the law and endorsing in elections, experts say. The IRS looks the other way.” FFRF - “The Case in Support of the Johnson Amendment” FFRF - “Church Polling Places”  MTSU - “History of the Johnson Amendment” IRS - The Restriction of Political Campaign Intervention by Section 501(c)(3) Tax-Exempt Organizations FFRF - “Pulpit Freedom Sunday”  AHA (2019) - “Organizations to Congress: Protect the Johnson Amendment” AA - “Churches as Polling Places” Washington Post (2016) - “Florida Mosque Removed as Polling Place after Complaints, Threats” The Humanist (2018) - “On the Hill: How Arcane Senate Rules Saved the Johnson Amendment (For Now)” Humanists International (2007) - “U.S. District Court allows voting in churches” Newsweek (2022) - “Idaho Church Under Fire for Hosting GOP Rally Ahead of Midterms” Cases Berman v. Board of Elections (1969) Otero v. State Election Board of Oklahoma (1992) FFRF v. Trump (2017)   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Monica, Alison, Liz, and Rebecca discuss religious liberty issues in our jails and prisons. From court-ordered AA to coercive prayer meetings to forming atheist and humanist groups in prisons, there are plenty of ways the separation of church and state affects this vulnerable population. Cases Torcaso v. Watkins (1961) FFRF v. Mosley and Laurel County Correctional Center (2019) Jason Holden v. BOP (2014) AHA & Kwame Teague v. Perry (2019) Kaufman v. McCaughtry (2006) West v. Radtke (2022)   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Alison guides Rebecca, Monica and Liz through a discussion of another tool we have to keep religion out of government: administrative rules and regulations. The co-hosts give an overview of this body of law, and discuss how it's been used to erode the wall of separation and what we can do to roll that back.  Background Section 1557 of the Patient Protection and Affordable Care Act Title IX and new proposals  Administrative Procedures Act (1946) Cases Christian Legal Society v. Martinez (2010) Doe v. Joplin Schools Public School District (AHA field trip lawsuit) AA and AU Education Department Lawsuit   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Liz, Rebecca, Monica and Alison recap the case, Kennedy v. Bremerton, discussed in Episode 5 and review the decision handed down by the Supreme Court at the end of June. Later in the episode they're joined by the pod's very first guest, Rachel Laser, President and CEO of Americans United, who represented Bremerton at the high court. Rachel joins for a conversation about being a woman leader in the fight to keep state/church separate, and what our future holds after a dismal June. It's a long episode, but worth every minute!  Background SCOTUS Decision AU's case page for Bremerton Rachel Laser's bio

Rebecca and Liz recap the case, which was discussed in Episode 2, and review the decision handed down by the Supreme Court earlier this year. They also discuss the importance of this decision in the context of all other religious liberty cases from the high court's term this past year.   Background SCOTUS Decision   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Liz and Rebecca recap the case, which was discussed in Episode 1, and review the decision handed down by the Supreme Court at the end of June. They also discuss the impact this has for the separation of state and church moving forward. Background SCOTUS Decision   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Liz, Rebecca, Alison and Monica discuss the decision in Dobbs v. Jackson Women's Health Organization, which overturns the fundamental right to abortion care. The co-hosts break down the decision, the ramifications of the decision, and commiserate over the future of the rights of women to make their own health care choices.    Background Oral Arguments SCOTUS Blog Page Text of SB8 FFRF, CFI, and AA coalition amicus brief AU, AHA, Bend the Arc: A Jewish Partnership for Justice, and Interfaith Alliance Foundation coalition amicus brief Rebecca's blog on the leaked opinion Relevant Cases Roe v. Wade Planned Parenthood v. Casey Whole Woman's Health v. Hellerstedt   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Liz, Rebecca, Alison and Monica break down the latest case threatening the separation of church and state, Kennedy v. Bremerton, which involves a Christian high school football coach praying at the 50-yard line after games. The hosts review the facts of the case, outline what happened at oral arguments and make predictions on what this means for the rights of public high school students of minority faiths or no faith at all. Background Oral Arguments SCOTUS Blog page FFRF, CFI, SCA, and AHA's coalition amicus brief American Atheists' amicus brief Vox - “The Supreme Court's ‘praying coach' case, explained” Relevant Cases Santa Fe Independent School District v. Doe (2000) Lemon v. Kurtzman (1971)   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Rebecca, Monica, Alison, and Liz discuss the religious liberty issues arising in death penalty cases. Since 2019, questions about what religious liberty rights are afforded to those sentenced to death at the moment of their execution have been featured at the high court. Rebecca walks us through four notable cases on this issue and the hosts discuss what it means for religious liberty cases overall.   Background “Court blocks execution, will weigh in on inmate's religious-liberty claims” Death Penalty Information Center poll Relevant Cases Furman v. Georgia Dunn v. Ray ”Divided court allows Alabama execution to go forward” Murphy v. Collier “Supreme Court intervenes in execution of Buddhist prisoner” Gutierrez v. Collier “Justices block Texas execution” Dunn v. Smith “Court won't allow Alabama execution without a pastor” Ramirez v. Collier Coalition amicus brief

Alison, Rebecca and Monica discuss another tool in our kit to keep religion and government separate: legislative advocacy. Alison, as our resident policy expert, guides us through the many bills that threaten church/state separation wending their ways through state legislatures this year. Background Religious Freedom Restoration Act of 1993 (RFRA) BlitzWatch Relevant Cases Obergefell v. Hodges (2015) Tandon v. Newsom (2021) Employment Division, Department of Human Resources of Oregon v. Smith (1990) City of Boerne v. Flores (1997)   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Monica, Liz, Rebecca, and Alison review the case, Shurtleff v. City of Boston, in which the city of Boston denied a religious organization, Camp Constitution, its request to fly the Christian flag at city hall. The hosts discuss the free speech and religion clause arguments presented at oral arguments in December 2021. *Note, this episode was recorded prior to the Supreme Court handing down the decision on May 2, 2022. An update to this episode is forthcoming.  Background Oral Arguments SCOTUS Blog Camp Constitution's Website Relevant Cases Pleasant Grove City v. Summum (2009) Walker v. Texas Division, Sons of Confederate Veterans (2015) Matal v. Tam (2017)   Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information as well as episode transcripts.

Liz, Rebecca, Alison and Monica discuss the “sleeper case” of the Supreme Court term which could upend prohibitions on government funding to religious schools. The lawyers break down the arguments from the case out of Maine, Carson v. Makin, and discuss ramifications and potential outcomes. Background Oral Arguments SCOTUS Blog The Atlantic - “The Sleeper SCOTUS Case That Threatens the Separation of Church and State” Slate - “The Supreme Court's New Religious Liberty Case Could Destroy Public Education”   Relevant Cases Trinity Lutheran v. Comer (2017) Espinoza v. Montana Dept. of Revenue (2020) Zelman v. Simmons-Harris (2002) Locke v. Davey (2004) Widmar v. Vincent (1981)

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