I have the honor of speaking today at the Tenth Circuit judicial conference in Colorado Springs, Colorado. I will be part of a panel discussing the Supreme Court’s recent religious freedom cases and related First Amendment issues. The highlight of the conference will be separate events with Chief Justice John Roberts and Associate Justice Neil Gorsuch.
The panel will be moderated by Senior Circuit Judge Carlos F. Lucero of the Tenth Circuit Court of Appeals. I will be joined by two distinguished academics: Professor Elizabeth Sepper, University of Texas at Austin School of Law and Professor John Yoo, University of California Berkeley School of Law.
The Supreme Court’s new religious clause jurisprudence has transformed the area. In the last term. the Court handed down two major such rulings.
In Carson v. Makin, the court held that a state cannot discriminate against religious schools in funding tuition in in rural areas with no public high school. In Kennedy v. Bremerton School District, the court ruled in favor of a Christian public-school football coach who prayed with his players after a football game.