We Dissent: Recent Episodes

Rebecca Markert

We Dissent is a monthly podcast by four secular women, who also happen to be powerhouse attorneys at the major secular organizations in the U.S. Join us as we discuss developments affecting the separation of church and state in the US Supreme Court and lower federal courts. We’ll also explore other advocacy work we do to help atheists and other nonreligious people outside the courtroom. We know there are so many atheist podcasts and legal podcasts and you have a lot to choose from, but we hope you’ll join us, the only legal podcast for atheists and agnostics hosted completely by women lawyers. We can’t wait to start these conversations. Look for our first episodes Spring 2022 wherever you get your podcasts.

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America turns 250 and the Trump Administration is celebrating by rewriting the past and the present. Alison, Liz, and Rebecca discuss how the administration hijacked the nation's planned bipartisan 250th anniversary celebration and turned it into a tax-payer funded Christian nationalist prayer revival. Then they dig into the report issued by the "Taskforce to Eradicate Anti-Christian Bias," one of several task forces created by the administration to manufacture a "Christian persecution" narrative in order to privilege conservative Christianity under the law.

Show Notes

  • The report on "Biden Admin Weaponization of the FACE Act" (Freedom of Access to Clinic Entrances)
  • Just Security - "Separating Fact from Fiction in FACE Act Enforcement"
  • National Women's Law Center: "The President's Slush Fund: A Gift to the Anti-Abortion Movement and a Blow to Our Democracy"
  • Federal Register: Establishment of the Religious Liberty Commission
  • "Anti-Christian bias taskforce report" April 30, 2026

  • Executive Order 14291- Establishing the Religious Liberty Commission

Cases

  • Americans United for Separation of Church and State v. U.S. Dept. of State
  • Americans United for Separation of Church and State v. U.S. Dept. of Veterans Affairs
  • Interfaith Alliance v. Trump

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Our website, we-dissent.org, has more information as well as episode transcripts.

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We Dissent co-host Rebecca Markert was recently featured on "In Progress," a part of the Progress Texas podcast network. Please enjoy this episode of In Progress while you wait for our next episode!

From Dan Patrick's declaration that the separation of church and state is dead, to Texas Republicans kicking Muslims out of their state convention in Houston, to the Ten Commandments and bible stories permeating our public schools, the takeover by Christian Nationalism of Republican politics is no longer a theory - it's real, and it's here, right now. How to resist is now one of the primary questions for progressive people - and we've brought on Rebecca Markert to discuss that question. She's the Vice President and Legal Director of Americans United For Separation of Church and State, a national organization dedicated solely to the protection of the foundational American principles of freedom of religion - and freedom from religion.

Learn more about Progress Texas and how you can support their ongoing work at progresstexas.org

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Rebecca, Liz, and Alison speak with Rachel Levinson-Waldman from the Brennan Center for Justice about the Trump administration and current Congress weaponizing the government to attack nonprofits and punish speech and viewpoints they don't like. They explore how executive orders and anti-terrorism statutes are being abused to investigate, defund, and intimidate civil society, and how this strategy is essential to the broader project to transform America from a democracy to an autocracy.

Show Notes

  • Rachel Levinson-Waldman's Bio
  • Brennan Center for Justice

Trump Administration Documents

  • Presidential Memo - "Countering Domestic Terrorism and Organized Political Violence"
  • Bondi Memo - "Implementing National Security Presidential Memorandum-7: Countering Domestic Terrorism"
  • "2026 Counterterrorism Strategy"
  • 2027 FBI Budget Request to Congress
  • Executive Order Designating Antifa as a Domestic Terrorist Organization
  • Department of Justice - "The Biden Administration's Weaponization of the Freedom of Access to Clinic Entrances Act"
  • Executive Order - "Guaranteeing Fair Banking for All Americans"

Articles and Reactions

  • NPR - "'We're not afraid': George Soros' foundation on being Trump's next target" (Open Society Foundation)
  • Lawfare - "The Politically Motivated Indictment of Southern Poverty Law Center"
  • Civil Society Rights & Resiliency Resources - Charity & Security Network
  • "What NIJ Research Tells Us About Domestic Terrorism"
  • Cato at Liberty Blog - "Politically Motivated Violence Is Rare in the United States" (right-wing extremists account for 11% of politically motivated killings, while left-wing extremists account for 2%)
  • Brennan Center for Justice - "Trump's Orders Targeting Anti-Fascism Aim to Criminalize Opposition"
  • ACLU - "How NSPM-7 Seeks to Use "Domestic Terrorism" to Target Nonprofits and Activists"
  • Just Security - "How Designating Antifa as a Foreign Terrorist Organization Could Threaten Civil Liberties"
  • Lawfare - "The Bondi Memo's Quiet Rewriting of Domestic Terrorism Rules"
  • Lawfare - "You Can't Designate 'Antifa.' Banks and Platforms Will Act Like You Did Anyway"

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Alison, Liz, and Rebecca welcome AU Public Policy Counsel Rachael Stryer to review what came out of the state legislative sessions this year. They survey the laws state legislatures passed to force religion into public schools, use religion to discriminate against LGBTQ people, and divert public money to private religious schools.

Show Notes

  • Rachael Stryer's AU Bio
  • Organized Power in Numbers
  • American Atheists - State of the Secular States
  • Legislative trackers
  • AU
  • ACLU
  • Mapping Attacks on LGBTQ Rights in U.S. State Legislatures
  • Congressional Scorecards
  • See your state ACLU for regional legislative tracking

  • Action Alerts

  • FFRF AF
  • AU
  • National Women's Law Center
  • ACLU

Bills and Cases Discussed

  • Ten Commandments Displays in Schools
  • Alabama (SB 99)
  • Tennessee (HB 47)
  • Ongoing Lawsuits
  • FFRF
  • AU

  • Prayer in Schools

  • Alabama (HB 511): Requiring public schools to allow student-led prayer and requiring the pledge of allegiance
  • Idaho (HB 623): Requiring a 60 second moment of silence for prayer or meditation at the beginning of the school day

  • Chaplains

  • Alabama (HB 8): Permitting school boards to adopt policies allowing volunteer school chaplains into schools

  • Release Time

  • Info on LifeWise
  • AU: "Release time is a problem for church-state separation"
  • FFRF Action Fund: "State Issue: LifeWise Academy/Release Time"

  • Classroom Instruction and Curriculum Policies

  • Tennessee (SB 1828): Requires public school history curriculums to teach about the positive impact of religion on American history and the influence of Judeo-Christian values
  • Idaho (S 1336) and Utah (HB 312 and SB 268): Requiring curricula to teach the influence of Christianity in American history

  • Vouchers

  • Espinoza v. Montana Department of Revenue (2020)
  • Carson v. Makin (2022)
  • Columbus City School District v. State of Ohio
  • Wisconsin PTA et al vs. Wisconsin State Assembly et al

  • Healthcare Refusal

  • Utah (SB 174) and Iowa (HF 571): Gives healthcare providers and religious healthcare institutions the right to refuse to provide services that violate religious beliefs.

  • Foster Care and Adoption

  • Indiana (HB 1389): Allows government-funded child placement agencies to use religion as a justification for refusing to work with families, youth in care, and prospective parents. And to allow adoptive or foster parents the right to "raise a child in a manner consistent with [their] sincerely held religious beliefs."
  • Elizabeth Rutan-Ram et al. v. Tennessee Department of Children's Services et al (AU)

  • Anti-Sharia law

  • Tennessee (HB 2279), Florida (HB 1471), Iowa (HF 2695), and Idaho (H 602)
  • Arkansas (SR 21)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Alison, Liz, and Rebecca take on the far-right pronatalism movement with guest Emily Martin, NWLC's Chief Program Officer. They explain the movement's history of racism, sexism, and eugenics, the alarming support it has in the Trump administration, and what truly pro-family policy would look like.

Background

  • Emily Martin's Bio
  • National Women's Law Center
  • Sign up for alerts here

  • National Women's Law Center - "Baby Bonuses and Motherhood Medals: Why We Shouldn't Trust the Pronatalist Movement"

  • Heritage Foundation - Saving America by Saving the Family: A Foundation for the Next 250 Years
  • New York Times - "The Heritage Foundation Wants to Send American Women Back Half a Century"
  • Ms. Magazine - "Trump's Pronatalist Agenda Weaponizes Motherhood to Push Women Out of Public Life"
  • CNN Politics - "Hegseth invited pastor who calls for Christian theocracy to lead Pentagon prayer service"

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Our website, we-dissent.org, has more information as well as episode transcripts.

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We Dissent welcomes guest Shiwali Patel, Senior Director of Education Justice at National Women's Law Center, who walks us through the anti-trans sports ban cases currently before the Supreme Court, Little v. Hecox and West Virginia v. B.P.J. We discuss the history of Title IX and why the attack on trans sports participation is really an attack on the basis of this critical nondiscrimination law.

Background

  • Shiwali Patel's bio
  • National Women's Law Center
  • Previous trans rights episodes
  • Episode 16 – Sex on the Brain: the Assault on Trans People with Sasha Buchert
  • Episode 38 – Skrmetti v. U.S.

  • NWLC Amicus

  • SCOTUSblog - "The justices and gender pronouns"
  • SCOTUSblog - "Supreme Court appears likely to uphold transgender athlete bans"

Cases

  • Little v. Hecox
  • SCOTUSblog
  • Oral argument transcript

  • West Virginia v. B.P.J.

  • SCOTUSblog
  • Oral argument transcript

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Our website, we-dissent.org, has more information as well as episode transcripts.

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We Dissent welcomes back Alison Gill as co-host! Alison shares what she's been up to since leaving the pod, and then walks Rebecca and Liz through the state of our federal bench. We discuss federal judicial nominations from the recent presidential administrations and what it has meant or means for religious liberty and other civil rights.

Show Notes

  • National Women's Law Center
  • Harvard Journal of Law & Public Policy: Per Curiam - "Not Enough Respect For The Judiciary—or Too Much? Arrogance And The Myth Of Judicial Supremacy"
  • New York Times - "Trump's 'Superstar' Appellate Judges Have Voted 133 to 12 in His Favor"

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Our website, we-dissent.org, has more information as well as episode transcripts.

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There's no new episode this month, instead we have a special message for our listeners. We're excited to announce that Alison Gill is returning to the podcast starting in February! Additionally, the National Women's Law Center is going to be a co-sponsor of We Dissent moving forward. We have a lot of great episodes planned for 2026 and can't wait to share them with you.

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Rebecca and Liz explain Landor v. Louisiana, the Supreme Court case that will decide whether a Rastafarian inmate who'd grown his dreadlocks for 20 years can sue the Louisiana prison officials who handcuffed him to a chair, held him down, and forcibly shaved him in violation of the law. They dive deep on the statute at issue in the case, the legal history leading up to this litigation, and what the oral arguments signaled. They also highlight some Supreme Court docket news!

Submit Listener Questions Here!

Case updates

  • Cambridge Christian School v. Florida High School Athletic Association
  • Davis v. Ermold

Background

  • SCOTUSblog case page
  • Previous episodes about RLUIPA
  • Episode 4 – Religious Liberty and the Death Penalty
  • Episode 11 – Religion Behind Bars

  • SCOTUSblog - "Court appears skeptical of prison inmate's religious liberty claim"

  • A Guide To Federal Religious Land Use Protections
  • AU's amicus brief
  • Cert petition
  • Transcript of oral arguments

Cases Discussed

  • Tanzin v. Tanvir
  • Employment Division v. Smith
  • City of Boerne v. Flores

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Liz and Rebecca cover Chiles v. Salazar, the case before the Supreme Court seeking to strike down a Colorado law banning mental health professionals from practicing "conversion therapy" on children. They explain the details of the case and discuss the hypocrisy of a ruling striking down the ban. They also recount the October 7th oral arguments, where the majority of justices signaled support for a ruling that will nullify state laws in half the country protecting LGBTQ youth from these discredited harmful practices.

Background

  • Oral argument transcript
  • Tenth Circuit Opinion
  • SCOTUSblog page
  • Amicus briefs
  • Americans United
  • FFRF

  • SCOTUSblog - "Does Colorado's "conversion therapy" ban violate free speech?"

  • The Trevor Project - "Chiles v. Salazar: What you need to know about the U.S. Supreme Court case on conversion therapy"
  • The American Psychiatric Association's position on conversion therapy
  • The American Psychological Association's position on conversion therapy
  • The American Medical Association's position on conversion therapy
  • "LGBTQ Policy Spotlight: From Conversion "Therapy" Laws Protecting LGBTQ Youth"

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Rebecca and Liz break down the strong history of courts rejecting government attempts to display Ten Commandments in public schools. They explain the seminal 1980 case Stone v. Graham, the SCOTUS cases since then reinforcing that precedent, and the growing number of states passing blatantly unconstitutional laws that force public schools to display Ten Commandments.

Background

  • "Louisiana May Require the Ten Commandments Be Posted in Classrooms"

Cases

  • Stone v. Graham (1980)
  • Van Orden v. Perry (2005)
  • McCreary County v. ACLU (2005)
  • Louisiana: Roake v. Brumley (2024)
  • Complaint
  • District Court Opinion
  • Joint Statement
  • 5th Circuit Opinion
  • FFRF Case Page
  • AU Case Page

  • Arkansas: Stinson v. Fayetteville School District No. 1 (2025)

  • Complaint
  • District Court Opinion
  • Joint Letter
  • FFRF Case Page
  • AU Case Page

  • Texas: Rabbi Nathan v. Alamo Heights Independent School District (2025)

  • Complaint
  • Preliminary Injunction
  • Joint Letter
  • FFRF Case Page
  • AU Case Page

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Rebecca and Liz commemorate the 100th anniversary of the Scopes Trial. They discuss the infamous “monkey” trial, and the history of teaching evolution in public schools. An “everything old is new again” episode, showing the impact of the Scopes trial throughout the last century and digging into the latest attempts by Christian Nationalists to inject religious teachings into science curriculum.

Background

  • Original text of the Butler Act
  • 2025 Scope Trial Centennial speakers’ presentations - FFRF
  • The Legacy of the Scopes Monkey Trial 100 years later - Americans United
  • The Scopes "Monkey" Trial with Brenda Wineapple - Freethought Matters

Cases

  • State of Tennessee v. John T. Scopes (1925)
  • Edwards v. Aguillard (1987)
  • Kitzmil­ler v. Dover Area School District (2004)
  • Epperson v. Arkansas (1968)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Rebecca and Liz explore health care sharing ministries (HCSMs) with guest, Sarah Levin. Sarah guides us through this religious billion dollar industry. We discuss what HCSMs are and what they are not, and why we need to push for them to have transparency.

Background and Resources

  • Bio for Sarah Levin
  • Sarah’s email: sarah@secularstrategies.com

  • Secular Strategies

  • Secular Coalition for America
  • Center for Freethought Equality, HCSMs toolkit
  • Secular Strategies HCMS Slides
  • Last Week Tonight with John Oliver (HBO) - “Health Care Sharing Ministries"
  • The Actuary Magazine - "Health Care Sharing Ministries"
  • Southern Poverty Law Center - "ADF supports donor, trade group for controversial health care sharing industry"
  • Samaritan Ministries - “Guidelines for Health Care Sharing”

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Our website, we-dissent.org, has more information as well as episode transcripts.

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Liz and Rebecca explain the final three Supreme Court rulings with huge stakes for true religious freedom. They discuss the Court’s continued zeal for religious favoritism in the Catholic Charities, Mahmoud, and Skrmetti rulings—further expanding exemptions from the law for religious employers, giving ultra-conservative religious parents veto power over public school curriculum, and upholding state bans gender-affirming care for minors with gender dysphoria.

Cases

  • Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission (2025)
  • SCOTUSblog
  • Opinion
  • AU Blog - “The Catholic Charities SCOTUS case: Some relief and a word of caution”
  • Previous episode: High Unholy Season: Catholic Charities Bureau vs. Working Americans

  • Mahmoud v. Taylor (2025)

  • SCOTUSblog
  • Opinion
  • AU Blog - “Mahmoud v. Taylor: What representation would have meant to me”
  • Previous episode: High Unholy Season Continues: Mahmoud v. Taylor

  • United States v. Skrmetti (2025)

  • SCOTUSblog
  • Opinion
  • Previous episode: Skrmetti v. U.S.

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Our website, we-dissent.org, has more information as well as episode transcripts.

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The third in the "unholy trinity” of religion clause cases from the current SCOTUS term. Liz and Rebecca discuss the case that sought to create the nation’s first Catholic public charter school and the surprisingly early decision issued by a divided Court. They explain how this case came to be, what the oral arguments revealed, and the high stakes of the case for our public school system.

Background

  • Opinion
  • SCOTUSblog
  • FFRF, AU, and ACLU amicus brief
  • SCOTUSblog: “Supreme Court divided over approving first religious charter school”
  • NPR - “Supreme Court blocks creation of religious charter school in Oklahoma”
  • SCOTUSblog - “Split Supreme Court blocks first religious charter school in Oklahoma”

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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!

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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”

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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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

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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)

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Our website, we-dissent.org, has more information as well as episode transcripts.

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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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Please listen to the We Dissent Podcast promo, and stay tuned for our first episode!