Constitutional Rights Symmetry: Thomas Berg’s Evolution of Opinion on Obergefell v. Hodges

In the video, Thomas Berg, the author of Religious Liberty in a Polarized Age and professor of law at University of St. Thomas School of Law, explains his evolution of opinion on same-sex marriage. While initially he supported same-sex marriage as a matter of policy important for both conservatives and liberals, he eventually began viewing it as a constitutional right—the recognition of which is important not only for same-sex couples but also for symmetrical religious freedom protection.

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Religious Freedom, Equality, and Non-Discrimination in Employment Cases: Interview with Cole Durham

W. Cole Durham, Jr. is Emeritus Professor of Law at the J. Reuben Clark Law School of Brigham Young University, where he held the Susa Young Gates University Professorship and Founding Director of the Law School’s International Center for Law and Religion Studies. He was interviewed by Dmytro Vovk.

Before the interview, we asked you to think about a case of a line of cases you have modified your views about. What have you chosen?

My plan is to talk mainly about Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012) and the follow-up case, Our Lady of Guadalupe School v. Morrissey-Berru (2020). These are both cases that deal with the religious autonomy doctrine, and I think they represent a concerning trend.

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Two Words: Why Frank Ravitch No Longer Supports the Overturning of Employment Division v. Smith

In its landmark 1990 decision Employment Division v. Smith, the U.S. Supreme Court held that the First Amendment’s Free Exercise Clause does not require religious exemptions to neutral and generally applicable laws, even if those laws incidentally burden religious practice. Over the years, Smith has been criticized for its insensitivity and harm to religious needs and rights, particularly those of religious minorities. Frank S. Ravitch (Michigan State University College of Law) explains why he no longer supports the overturning of Smith.

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