The Quiet Architecture of Religious Freedom at Work

Fábio Ferreira Nascimento is a Brazilian attorney and PhD candidate in law at the Universidad Complutense de Madrid.

A few years ago, if someone had suggested that multinational corporations would become important laboratories for religious freedom, many scholars of law and religion would have been skeptical.

After all, corporations are not churches. They are not courts. They are not the democratic or civil society institutions we usually associate with protecting freedom of religion or belief (FoRB). And yet that is precisely where some of the most interesting FoRB-related developments are taking place today.

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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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