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2024 International J. Reuben Clark Society Religious Liberty Fellowship

MAY 20 - 24, 2024

Introduction

The 6th Annual JRCLS Religious Liberty Fellowship was held May 20–24, 2024, at the Founding Forward campus near Valley Forge, Pennsylvania. The program brought together 22 law students, new attorneys, and undergraduates from diverse faith backgrounds to learn from religious liberty experts and develop initiatives for their local communities.

This year’s curriculum included presentations on statutory protections by Josh McDaniel, Director of the Harvard Law School Religious Freedom Clinic, and on the Free Exercise Clause by Eric Baxter, Senior Counsel at Becket. Kayla Toney, Associate Counsel at First Liberty Institute, led a session on the Establishment Clause, while Jennie Lichter, Deputy General Counsel for Catholic University, discussed religious liberty in higher education.

In addition to sessions, the Fellows toured Valley Forge and Philadelphia, visiting historic sites like George Washington’s Headquarters and the Liberty Bell. They also developed and presented action plans for religious liberty initiatives to implement in their communities, such as:

  • Organizing an interfaith religious freedom music festival
  • Cataloging and protecting Indigenous religious sites in the Pacific Islands
  • Creating a guide for event planners on meeting religiously diverse audiences
  • Drafting law review articles on religious freedom
  • Producing a TikTok series on Christian nationalism and religious freedom
  • Developing a teacher training program on religious inclusivity
  • Engaging in dialogues on religious freedom on college campuses amid Israeli-Palestinian conflict issues

Student Experiences

Celeste Lehnardt:

The JRCLS conference had a profound impact on my personal and professional life. In just three months, I formed valuable connections with fellows and presenters, gained insights into legal concepts, and received opportunities that wouldn't have come my way otherwise. I bonded with fellow attendees, ranging from undergraduates to law students and attorneys, discussing everything from academic life to career aspirations.

After the conference, I reached out to presenters on LinkedIn, expressing gratitude and sharing insights I gained. Many responded positively and added me as a connection.

The conference played a pivotal role in securing an internship at a law firm in Honolulu, where my resume stood out because of the fellowship. During the interview, we discussed what I learned at the conference, and I was offered the internship. It deepened my understanding of law and helped me build more professional relationships.

Additionally, the conference inspired me to take action in my community. I’m planning a religious freedom conference at BYUH with fellow pre-law students and aiming to write for the Law Review Journal when I’m in law school. One presenter even inspired me to organize a conference on the intersection of LGBT rights and religious freedom. This experience has set the stage for future endeavors, and I’m motivated to make a meaningful impact.

Enna Hendrickson:

The JRCLS Religious Freedom Conference in Valley Forge was a transformative experience for me as an undergraduate student. It helped me gain confidence and clarity about my future in law, particularly in the field of religious freedom. Before attending, I felt uncertain about my path in law, but the conference broadened my understanding and gave me the tools to navigate the legal field.

I came to the conference with limited knowledge of religious freedom law, but I left with valuable insights from workshops, presentations, and conversations with professionals. It helped me see the broad possibilities within law and how I could make a meaningful impact.

The networking opportunities were a highlight, allowing me to build relationships with people from diverse backgrounds. I had enlightening conversations with peers, including one about law and religion, and another about the journey from undergrad to Harvard Law. These connections continue to enrich my learning and growth.

The conference also helped me narrow down my law school options. I had personal conversations with speakers from various law schools, including UCLA, and their advice guided my research on religious freedom programs at different institutions.

Overall, the conference not only deepened my knowledge of law and religious freedom but also gave me the confidence to pursue my goals and engage in promoting religious freedom in my community.

Rishan Prasad:

Attending the conference on religious freedom and human dignity was a transformative experience that broadened my understanding of these crucial issues and influenced my personal and professional goals. The conference provided invaluable networking opportunities with professionals, scholars, and peers from diverse backgrounds, deepening my commitment to advocating for religious liberty and cultural resilience, particularly in the Pacific region.

I engaged in meaningful discussions with representatives from NGOs and legal institutions, which led to potential internship opportunities in religious freedom and human rights. These experiences are pivotal for my career in law and public administration. Additionally, interactions with current law students, especially those from BYU Law School, offered practical guidance on navigating the academic and professional paths ahead.

The conference reinforced my aspiration to attend BYU Law School and pursue a Master of Public Administration. It also inspired me to start an initiative focused on Oceania (Pasifika), addressing regional challenges and promoting resilience through legal and administrative efforts. Conversations with BYU Law and MPA alumni were particularly motivating, as they shared how their academic experiences shaped their successful careers.

The knowledge and connections gained from the conference will benefit BYU–Hawaii by enhancing students' academic and professional development. Sharing insights about internship opportunities and cultural resilience will contribute to the university’s mission of fostering peace and understanding in a globalized world.

Attending the religious freedom and human dignity conference was an enriching experience. The networking opportunities, potential internships, mentorships, and professional interactions provided me with valuable knowledge and connections to advance my career. My aspirations to attend BYU Law School and the MPA program have been reinforced. I am committed to advocating for religious freedom and human dignity, with a focus on Oceania (Pasifika). This conference not only facilitated personal growth but also offered insights and opportunities that can benefit the broader BYUH community.

Day 1

Nick Reaves, Counsel at the Becket Fund, discussed the Free Exercise and Establishment Clauses, focusing on their historical development and application. He explained how the Establishment Clause initially applied only federally, with the 14th Amendment extending it to the states. Reaves referenced American Legion v. American Humanist Association, where the Lemon Test was not applied, and Kennedy v. Bremerton, where it was applied but no longer considered good law. He also outlined six hallmarks of the establishment of religion, including government control, financial support, and excessive entanglement. Regarding the Free Exercise Clause, Reaves explained the three tests the court uses: rational basis, intermediate scrutiny, and strict scrutiny, noting that compelling government interest is the only factor that can override these tests. He concluded with a discussion on Employment Division v. Smith, highlighting its negative impact on religious minorities, though it has gradually eroded over time.

Brian Grim, President of the Religious Freedom and Business Foundation, began his discussion by asking how religious freedom is restricted, pointing to both government and societal factors. He then shifted to strategies for advancing religious freedom, emphasizing advocacy and building initiatives. Grim introduced the Corporate Religious Equity, Diversity, and Inclusion (REDI) Index, a benchmarking tool that measures a company's commitment to including religion in its diversity initiatives. He cited examples like Google’s Inner Belief Network (IBN), which provides chaplain programs and support for religious employees, demonstrating how companies can implement religious inclusion.

Celeste Malloy, Counsel to Congressman Chris Stewart, shared her unique perspective on religious liberty, particularly through her work on the Fairness for All Act (FFA). Malloy described the bill as a compromise aimed at balancing religious freedom and LGBTQ+ rights, noting the challenges they’ve faced in attempting to pass it. She also reflected on her personal journey, explaining how she initially had little interest in religious liberty issues before being assigned to this role. Malloy’s advice to students was simple but powerful: be kind to everyone, and don't stress about graduating at the top of your class.

Gene Schaerr, Partner at Schaerr Jaffe and faculty member at the J. Reuben Clark Law School, discussed the evolution of the court’s stance on religious freedom. He highlighted that the Rehnquist Court was overwhelmingly supportive of religious freedom, with Justice Thurgood Marshall being a key advocate. Schaerr noted how the justices’ approaches have changed over the years, with Justices Sotomayor and Kagan now showing more favorable responses toward religious liberty cases. He also addressed the case of 303 Creative v. Elenis, in which a Colorado law requires a design studio to serve LGBTQ+ customers despite the owner’s religious objections to same-sex marriage, emphasizing the unpredictable nature of how the court might rule.

Eric Baxter, Vice President & Senior Counsel at Becket, introduced the Becket Fund, explaining that their mission is to defend religious freedom for people of all faiths through strategic litigation. He shared the stories of two clients, Betty Odgaard and Leo Katsareas, highlighting the personal impact of religious liberty cases and the Becket Fund’s role in advancing these causes through high-impact legal work.

Betty Odgaard, a client of the Becket Fund, shared her experience as a business owner in Grimes, Iowa, where she and her husband ran an art gallery that hosted community events. When a gay couple requested to hold their wedding at the gallery, the Odgaards declined, citing their religious beliefs about marriage. The backlash from the community was deeply hurtful, especially given that they had employed LGBTQ+ individuals in the past. In response to the public outcry, the Odgaards sought legal protection through the Becket Fund, filing a lawsuit in Iowa state court. Odgaard emphasized that her actions were motivated by her faith and the heartbreak of being shunned by a community she had always embraced.

Leo Katsareas, another Becket client, shared his story of religious accommodation as a Muslim serving in the U.S. Navy. Having converted to Islam, Katsareas requested permission to wear a four-inch beard in line with his religious beliefs. Although he was initially granted the accommodation, his subsequent requests were denied. After applying for the exemption four times and facing repeated rejections, he turned to the Becket Fund for legal assistance. Katsareas, originally from Australia, expressed his deep respect for the U.S. Constitution and his desire to ensure that future generations would not face similar religious discrimination. His case represents more than just his personal struggle—it’s about protecting religious freedoms for all service members.

Mark Gillespie, a law clerk for U.S. Supreme Court Chief Justice Roberts, shared insights into his prestigious role and his experience as a JRCLS Religious Liberty Fellow. Having graduated from Harvard, Gillespie encouraged attendees to consider clerkships as a way to explore their career options. He noted that while it’s rewarding to know you are doing your best, the work often feels like it's never enough. Gillespie's words emphasized the importance of constantly striving for excellence, even in the highest levels of legal work.

Day 2

Robin Fretwell Wilson, Director of the Institute of Government and Public Affairs at the University of Illinois, discussed the challenges and solutions surrounding Sexual Orientation and Gender Identity (SOGI) protections at the state level. She highlighted that over 53% of Americans still face discrimination in housing and other areas based on their SOGI. Wilson, who has worked closely with the Utah Legislature, specifically on the Utah Compromise, emphasized the importance of balancing LGBTQ rights with religious freedom. She spoke about the role of lawmakers in addressing divisive issues, finding reasonable solutions, and changing hearts. Wilson also discussed contentious topics like adoption discrimination claims from both gay couples and religious adoption agencies, as well as the ongoing debate over trans-athlete eligibility. She concluded by noting that while solutions to these issues exist, applying them within the political sphere remains difficult.

Reverend Marian Edmonds-Allen, Executive Director of Parity, a nonprofit that works at the intersection of faith and LGBTQ issues, shared her experiences working with homeless youth in Salt Lake City, Utah. She highlighted the challenge of youth being kicked out of their homes for religious reasons and the lack of shelter options due to Utah laws that prevent unaccompanied youth from staying in shelters. Despite this, Reverend Edmonds-Allen was struck by the youths’ desire to reconcile with their parents. She also shared the story of Laura, a friend who doesn't share the LGBTQ community's values but supports Edmonds-Allen’s work to preserve human dignity. Edmonds-Allen’s main advice to the fellows was to find their passions and connect with others who may have differing beliefs but similar goals. This approach, she argued, fosters new pathways and helps bring people together to achieve common objectives.

Kelsey Dallas, National Religion Reporter and Associate Editor for Deseret News, discussed the important role of headlines in journalism, especially concerning sensitive topics like religious freedom. Dallas shared the challenges journalists face in balancing attention-grabbing headlines with neutrality and accuracy. She emphasized the importance of creating headlines that are not overly sensationalized or too dry, aiming for a middle ground that is interesting, concise, and relevant to the audience. As media outlets continue to navigate a changing landscape, Dallas noted that these shifts can impact public understanding of religious freedom. She encouraged the audience to be mindful of the content they share and to seek out high-quality journalism sources that maintain integrity in their reporting.

The Honorable Ryan D. Nelson, Judge on the United States Court of Appeals for the Ninth Circuit, spoke about Kennedy v. Bremerton and its implications for the Establishment Clause. After summarizing the case, Judge Nelson explained that the Supreme Court had effectively abandoned the Lemon Test, which had long been used to evaluate Establishment Clause issues, by reversing the Ninth Circuit’s decision. He observed that the Supreme Court's approach in this case marked a shift toward strict interpretations of the Constitution, using history and tradition as the new standard for evaluating Establishment Clause cases. Judge Nelson further argued that courts should no longer rely on the Lemon Test, particularly in cases where its application has overshadowed the true meaning of the Establishment Clause. He concluded by stating that history and tradition will now guide future legal interpretations in religious freedom cases.