2022 JRCLS Religious Liberty Fellowship

Introduction

The JRCLS Religious Liberty Fellowship in Washington D.C. is a prestigious program established by the J. Reuben Clark Law Society to cultivate expertise and leadership in the field of religious freedom. The annual fellowship serves as a platform for law students and legal professionals to deepen their understanding of the legal, historical, and philosophical aspects of religious liberty, as well as to engage in advocacy and research on related issues. Through a rigorous selection process, accomplished individuals are chosen to participate in this fellowship, which provides them with unique opportunities to work alongside leading experts, scholars, and organizations dedicated to defending and promoting religious freedom rights. Fellows gain invaluable experience through various activities, including conducting legal research, drafting briefs, participating in moot court competitions, and contributing to the development of policy recommendations. The JRCLS Religious Liberty Fellowship aims to shape the next generation of legal professionals who will passionately advocate for the protection of religious liberty in society.

Student Reflections

Jane Sandberg

I am immensely grateful for my experience at the J. Reuben Clark Law Society Religious Liberty Fellowship, which was packed with enriching opportunities to learn from passionate professionals and peers. Exploring Washington, D.C. with fellow attendees was both exhausting and exhilarating, allowing us to bond over visits to significant historical sites. The conference sessions, particularly those led by representatives from the Becket Fund and speakers like Brian Grim and Robin F. Wilson, deepened my understanding of religious liberty's vital role. Interactions with practitioners like Mark Gillespie and Becket clients underscored the importance of compassion in legal advocacy. Engaging in hypothetical exercises and discussing action plans, such as recognizing Hawaiian religious practices, provided practical insights and fostered valuable connections for future collaborations. Despite initial intimidation as an undergraduate among advanced law students, the welcoming atmosphere and shared passion for defending religious freedom left me feeling inspired and confident. The fellowship not only broadened my professional network and knowledge but also created unforgettable memories and reinforced my commitment to pursuing a legal education dedicated to protecting religious freedoms.

Fahina Lauti

The trip to Washington D.C. and the JRCLS Religious Liberty Fellowship Conference has been a transformative highlight of my undergraduate experience at BYU-Hawaii. Accompanied by fellow students Jane Sandberg and Soktheavy Phouk, we explored the nation's iconic monuments and engaged deeply with the religious freedom movement. The conference, beginning with a scenic flight from Honolulu, included visits to the Lincoln Memorial, Washington Monument, Supreme Court, and more. We learned from esteemed speakers like Nick Reaves and toured the Supreme Court, which made me contemplate a future in law. Insights from the Becket Fund and its clients, Betty Odgaard and Leo Katsareas, provided real-world perspectives on religious liberty. Networking with law students and hearing diverse views about law school solidified my decision to pursue legal studies and consider an internship in Washington D.C. Discussions led by Judge Ryan Nelson on cases like Kennedy v. Bremerton highlighted the ongoing significance of religious liberty. This experience has enriched my education, broadened my perspectives, and created lasting memories for which I am immensely grateful.

Highlights

Day 1

Nick Reaves, Counsel at Becket Fund, discussed the Free Exercise and Establishment Clauses of the First Amendment, explaining how the Establishment Clause initially applied only at the federal level and was later extended to the states. He highlighted key cases like American Legion v. American Humanist Association and Kennedy v. Bremerton, which showed the evolving treatment of the Lemon Test. Reaves outlined six hallmarks of government involvement in religion, including government control and religious participation. He also reviewed the three tests for the Free Exercise Clause and concluded with Employment Division v. Smith, noting its eroding impact on religious exemptions for neutral laws.

Brian Grim, President of the Religious Freedom & Business Foundation, discussed the restrictions on religious freedom by government and societal factors and suggested that advocacy and support-building could help advance it. He introduced the Corporate Religious Equity, Diversity, and Inclusion (REDI) Index as a tool for companies to measure their commitment to religious inclusion, citing Google’s Inner Belief Network as an example. Celeste Malloy, Counsel to Congressman Chris Stewart, shared her work on the Fairness for All Act, which balances religious freedom and LGBTQ+ rights. She offered advice on kindness and the importance of personal growth over academic success. Gene Schaerr, Partner at Schaerr Jaffe, examined the Supreme Court’s evolving stance on religious freedom, discussing 303 Creative v. Elenis and the unpredictability of court decisions. Eric Baxter, Senior Counsel at Becket, shared client stories, including Betty Odgaard’s refusal to host a gay wedding due to religious beliefs and Leo Katsareas’s fight for religious beard accommodations in the U.S. Navy. Finally, Mark Gillespie, law clerk for Chief Justice Roberts, encouraged pursuing judicial clerkships and reflected on the dedication required for legal work at the highest levels.

Day 2

Robin Fretwell Wilson, Director of the Institute of Government and Public Affairs at the University of Illinois, discussed the state of Sexual Orientation and Gender Identity (SOGI) protections in the U.S., noting that over 53% of Americans remain vulnerable to discrimination based on their SOGI. She highlighted her role in crafting the Utah Compromise, a legislative effort to balance LGBTQ+ rights with religious freedoms, and stressed the importance of lawmakers providing clear, reasonable solutions to sensitive issues. Wilson also addressed the conflicts between religious adoption agencies and LGBTQ+ couples, as well as the debates surrounding trans-athlete eligibility, acknowledging the political challenges of applying solutions to these complex issues.

Reverend Marian Edmonds-Allen, Executive Director of Parity, shared her experiences with homeless youth in Salt Lake City, many of whom were expelled from their homes due to religious differences. She expressed her surprise that many of these youths still hoped for reconciliation with their parents despite being ostracized. Edmonds-Allen also shared the story of working with Laura, a friend who disagrees with LGBTQ+ values but supports Edmonds-Allen's mission to uphold human dignity. She encouraged the fellows to connect with others who share their passions, even if they hold differing beliefs, as this can foster collaboration and new pathways for achieving common goals. Kelsey Dallas, National Religion Reporter at Deseret News, focused on the delicate balance journalists must maintain when crafting headlines—ensuring they are accurate, engaging, and neutral. She warned against sensationalism and stressed the importance of consuming and sharing reputable journalism. Finally, Judge Ryan D. Nelson of the Ninth Circuit Court discussed Kennedy v. Bremerton and the Supreme Court's shift away from the Lemon Test in favor of a historical and traditional interpretation of the Establishment Clause. He emphasized that courts should no longer rely on Lemon, advocating for a more originalist approach in Establishment Clause cases.

For a more in-depth look of the conference, visit our PDF below.