2023 JRCLS Religious Liberty Fellowship

Introduction

The JRCLS Religious Liberty Fellowship educates law students and recent grads on the basics of religious liberty, equips them with religious liberty advocacy skills and practical know-how, and prepares them to implement changes in their local communities.

This year, speakers dwell on issues and initiatives related to religious liberty. Ben Fleshman discussed the Free Exercise Clause and the Religious Freedom Restoration Act (RFRA) and explained it through different Supreme Court cases, how the judges ruled, and for what reasons. Besides that, the discussion delved into the intriguing subject of various scrutiny tests and their impact on the judicial decision-making process. In addition, Paul Lambert shared the importance of businesses in addressing faith and belief in the workplace. Some are the initiatives made by companies and principles surrounding inclusivity.

Student Reflections

Gavin Cranney

Attending the J. Reuben Clark Law Society Religious Liberty Fellowship was a profoundly enriching experience, significantly enhancing my professional and personal development while empowering me to contribute positively to religious freedom initiatives. Professionally, the conference's location at Becket in Washington, D.C., provided invaluable opportunities to engage with leading attorneys, scholars, and students dedicated to religious liberty law, fostering connections and gaining practical insights. Personally, the informal interactions, such as touring the National Mall and discussing principles with organizers like Tanner Bean, were equally impactful, inspiring me to embody the virtues of a compassionate and just advocate. The conference bolstered my self-efficacy, proving that my education at BYUH has prepared me to effect meaningful change. As a result, my peers and I plan to honor Hawaiian sacred sites in Lā'ie, and I have joined efforts to organize a religious liberty conference in Atlanta. This fellowship not only broadened my knowledge but also ignited a passion for advocating religious freedom, a sentiment I eagerly share with my community.

Valerie Joy Agustin

The J. Reuben Clark fellowship provided a profound opportunity to explore the intersection of law and religious freedom, gain project ideas, and learn from diverse career paths of law students. As an international student, I became acutely aware of the critical role religious freedom plays in our community, recognizing parallels with practices in my home country, the Philippines. Sessions led by experts like Kayla Toney broadened my understanding of the significance of religious liberty cases, equating their importance with criminal matters. Engaging in hypothetical exercises and action plan presentations, such as recognizing Hawaiian religious practices, allowed me to share and refine my ideas while forming valuable connections for future collaborations. Interacting with law students and professionals, including a Harvard student who offered mentorship, highlighted the diverse paths and sacrifices involved in a legal career, reinforcing my commitment to pursuing law. These experiences underscored the powerful impact of legal advocacy on religious freedom and inspired me to initiate projects that raise awareness and foster involvement in this vital issue.

Highlights

Ben Fleshman, Counsel at Becket, discussed the Free Exercise Clause and the Religious Freedom Restoration Act (RFRA), explaining key Supreme Court cases such as Sherbert v. Verner (1963) and Gonzalez v. O Centro Espirita Beneficente Uniao do Vegetal (2006). In Sherbert, a Seventh-Day Adventist employee was denied benefits after being fired for refusing to work on Saturdays due to her religious observances. The Court applied strict scrutiny in favor of Sherbert, setting a precedent for religious freedom cases. In Gonzalez, the Court considered the applicability of RFRA when the government sought to restrict the shipment of hoasca for a religious ceremony, emphasizing that strict scrutiny requires courts to assess not only government interests but also the potential impact on religious practices. Fleshman highlighted the role of strict scrutiny in balancing governmental interests with the protection of religious liberty.

Paul Lambert, Director of the Wheatley Institute Religion Initiative, explored the role of religious pluralism in the workplace. He noted that companies increasingly recognize the importance of supporting not only the physical and mental health of employees but also their spiritual well-being. Companies like Dell, Google, SAP, and Qualtrics have implemented initiatives to promote inclusivity and create a sense of belonging. Lambert emphasized that fostering an environment where faith and belief are respected leads to positive outcomes for organizations and individuals alike. He advised consulting with Human Resources to effectively convey these values and integrate them into workplace culture. Lambert concluded by stressing the importance of valuing employees for who they are, including their faith and beliefs.

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