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When a congregation splits from a denomination, what becomes of the church property? More specifically, how have US state courts wrestled with the issue of religious property disputes while trying to preserve the autonomy of church doctrine? Prof. Michael McConnell (Stanford Law School) answers these questions in historical context. He notes how judicial decisions have changed from the traditional “English Rule” favoring hierarchical denominations over congregations, to perspectives that are less intrusive into the internal doctrine and organization of a faith, nothing that there is still a great deal of ambiguity in the law. He argues for an approach known as “strict neutral principles.”

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Battles over property rights are one of the hottest topics in religious liberty litigation today. ADF lawyer Jordan Lorence discusses four current cases involving the ability of churches to rent public school space in New York City, an overdue tax bill for a church that is supposedly tax exempt, the size of signs advertising worship services, and a minimum acreage requirement for a small congregation.

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What is the history behind, and issues relevant to, the upcoming Supreme Court Case involving Hobby Lobby and Conestoga Wood Specialties that will decide whether the Patient Protection and Affordable Care Act is consistent with our understandings of religious liberty? Prof. Matthew Franck of the Witherspoon Institute details how this conflict emerged and summarizes the main issues involved and arguments to be made by both sides. He also reviews the relevant case law that sits in the background of this case. This podcast is a great way to beef up your understanding of what is coming down in our judicial system.

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We take a look at several issues on the religious liberty landscape, from Christmas songs in public schools to prayers at city council meetings to health care mandates. David Cortman, of the Alliance Defending Freedom, provides a review of these cases and addresses some of the challenges that Tony puts before him. This is a wide-ranging discussion that covers some of the more well-known court cases as well as some lesser known issues.

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The surprising outcome of the Hosanna-Tabor v EEOC Supreme Court case forms the basis for our discussion of religious liberty and how far the “ministerial exemption” to federal anti-discrimation laws can be carried. Prof. Matthew Franck (Witherspoon Institute) discusses the details of the case, how it wound its way through the court system, and what happened at the Supreme Court. Along the way, Tony learns a great deal of the U.S. legal system. We then put this case in the broader context of religious freedom and labor regulations.

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The U.S. Conference of Catholic Bishops recently released a document on religious liberty that criticized a new regulatory provision in the Patient Protection and Affordable Care Act (a.k.a., Obamacare) requiring employers to provide insurance coverage for contraception, sterilization, and abortion-inducing drugs. Prof. Phillip Muñoz (Notre Dame) helps us wade through this controversy explaining the bishops’ argument, the politics surrounding this issue, and the various streams of Catholic social thought including the principle of subsidiarity. While primarily focused on health care (and specifically issues related to reproductive health), we take our discussion into other areas of religious freedom that the Catholic Church and others have considered important.

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Mike Donnelly of the Home School Legal Defense Association and Patrick Henry College recounts the contemporary history of homeschooling, including both its secular and religious origins, and provides listeners with some basic demographic characteristics about homeschoolers. Our discussion then covers various legal challenges that homeschoolers face, culiminating with a discussion of a recent case involving a German homeschooling family seeking asylum in the United States.

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Jay Hein of Baylor’s ISR and the Sagamore Institute talks about his tenure running the Office of Faith-Based and Community Initiatives in the Bush Administration. Our discussion focuses on the history and workings of the Faith-Based Initiative, and the proper relationship between government and religious organizations.

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George Fox University political scientist Mark David Hall examines how various Founding Fathers viewed church-state relations in their time, and how modern Supreme Court justices interpret their writings. Some recent court cases are discussed. (To download, right click on the button to the right and choose “save target as….”)

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