In our second season of Stream of Conscience, we dive deeper into religious liberty to explore its two major components, the Establishment Clause and the Free Exercise Clause. What did the framers of the Constitution mean when they said “establishment” of religion? Who gets to decide what “free exercise” of religion includes? What’s the difference between the two clauses, and how do we argue their cases? 

Our second season also introduces cases that are not strictly religious liberty cases. We’ll talk about why other fundamental freedoms, like freedom of speech and property rights, relate to religious liberty, and why it’s so important to understand these connections as we defend our freedoms.

Stream of Conscience Podcast Season 2

Becket’s Hannah Smith and Katie Geary tell the human stories behind twelve diverse and influential religious liberty cases. Each one gives a unique look at the real-life implications of religious liberty in America. Together, they illustrate the vital need to defend this fundamental freedom for people of all faiths.

Stream of Conscience Podcast Season 1

Host Katie Geary and Becket Executive Director Montse Alvarado launch Season 2 of Stream of Conscience with an episode on our favorite four-letter word: RFRA. In 1993, Congress passed RFRA, the Religious Freedom Restoration Act, with overwhelming, bipartisan support, and President Bill Clinton signed it into being. So, why is RFRA controversial today?

RFRA, We Love You

We’ve all heard the phrase “separation of church and state,” but do we know where it came from? Guest Professor Philip Hamburger gets us into the history of the Establishment Clause, the flaws in the “separation” theory, and why a memorial cross on public property in Bladensburg, Maryland, deserves to stay.

How the Lemon Test Soured the First Amendment

For decades, a federal tax exemption has allowed tax-free housing for pastors who live in their church communities, until a lawsuit from an atheist organization challenged the housing allowance. Pastor Chris Butler gives us a look inside his southside Chicago church and explains why his community, and others like it, rely on this tax rule—and what would happen if it disappeared.

Live Where You Serve

When Simmer Singh decided to join the U.S. Army, he fully believed he could serve his country and uphold his Sikh beliefs and traditions. But when West Point gave him a stark choice—shave his religious beard or get discharged—it started Simmer on a long path to fighting for religious freedom for himself and other Sikhs.

Of Bravery and Beards

What happens when the government catches wind of a little-known religion with an unusual ritual, like animal sacrifice? Guest Ernesto Pichardo, a priest of the Lukumi Church, tells us about his Santeria faith and its rituals, including animal sacrifice. Becket’s Eric Rassbach explains why it’s just as important to defend minority faiths as it is to defend familiar and mainstream practices.

Rituals

After the City of Boca Raton gave a Chabad a shot at building a new center, a small but hostile group sprang up in opposition. What followed was a classic case of Establishment Clause misunderstanding, something that frequently troubles the courts. Rabbi Ruvi New tells about the East Boca Chabad’s journey to building a better home and the prejudice it encountered along the way.

Why Won’t You Be My Neighbor?

Mark Janus was a public sector employee who became the unlikely namesake of an iconic Supreme Court case, where the Court ruled that private unions cannot force dues on non-members. But what do unions have to do with religious liberty? It hinges on something we call “coercion laundering.”

The State and the Union

When Asian American rock musician Simon Tam started his band, he never guessed it would bring him to the steps of the Supreme Court. But when the federal trademarking office rejected his band’s name, The Slants, saying it was offensive to Asian Americans, it set Simon on a long and frustrating path through the courts. Though it was a free speech case at its heart, Becket weighed in at the Supreme Court to add another layer of consideration—that the trademarking laws were dangerously close to the anti-blasphemy laws the U.S. fights abroad.

What’s in a Name?

The government took your land, now what? In this episode, we dive into a case about eminent domain, the Takings Clause, property rights, and court access. Where does religious liberty play a part? It turns out that the property rights of religious groups are especially vulnerable.

Taking Your Land

After the City of Ventura, California, asked churches to partner with it to help solve its crisis of homelessness, a small church took the request to heart and made solving the crisis its mission. But no good deed goes unpunished. Years into expanding their homeless ministry, the Harbor Missionary Church suddenly found itself in court opposite the city—and that’s when the Stanford Law School Religious Liberty Clinic stepped in.

No Good Deed Goes Unpunished

In 2018, heroic foster care mothers had to give up their life’s work when the City of Philadelphia forced a 200-year-old Catholic foster care agency to close because of its religious beliefs. This is the story of how Sharonell Fulton, Toni Simms-Busch, and their foster care agency fought for their right to serve vulnerable children and won—unanimously—at the Supreme Court.

Free to Foster

Can corporations be run according to principles of faith? When the Department of Health and Human Services says “no,” the Green family puts their livelihood on the line to take a stand for people of all faiths. 

This episode features Lauren Green McAfee and Becket's Lori Windham. 

Learn more at: http://www.becketlaw.org/case/burwell-v-hobby-lobby/

Pills and Principles

After an undercover federal agent confiscates his sacred feathers, a Lipan Apache pastor’s quest for justice leads him through ten years of litigation and red tape. 

This episode features Pastor Robert Soto and Becket's Luke Goodrich. 

Learn more at: http://www.becketlaw.org/case/mcallen-grace-brethren-church-v-jewell/

Feds and Feathers

When plans for an Islamic Center pass a Tennessee permit process with flying colors, hostile members of the community pressure the local government to backtrack. Only empathy—and an experienced legal team—can set things right.

This episode features Dr. Ossama Bahloul and Becket's Luke Goodrich.

Learn more at: https://www.becketlaw.org/case/islamic-center-murfreesboro-v-rutherford-county/

Permits and Prejudice

A 17-year-old goes to court to prove that the Pledge of Allegiance is about more than patriotism—it’s about the very foundation of our rights.

Features Samantha Jones and Becket's Eric Rassbach

Learn more about the case here: http://www.becketlaw.org/case/pledge-allegiance-cases/

Rights and Recitations

Are they Amish American, American Amish, or something else entirely? When the U.S. legal system clashes with Amish communities, it takes getting to know this diverse group of people to find resolutions.

Features Donald Kraybill, Karen Johnson-Weiner and Becket's Lori Windham 

Learn more about the case here: http://www.becketlaw.org/case/yoder-v-morristown/

Codes and Communities

Do religious images belong only in private? A war memorial at a Whitefish, Montana ski resort answers the question.

Features Ray Leopold, Gene Thomas and Becket's Eric Baxter

Slopes and Statues

After a dedicated army chaplain is forced to choose between preaching Church teachings and following military orders, a young lawyer puts his brand new law firm to task.

Features Father Vincent Rigdon, Eric Treene and Becket's Founder Kevin "Seamus" Hasson

Orders and Obedience

An order of Catholic nuns is stunned to discover that they don’t qualify for a religious exemption from a controversial healthcare mandate. When their pleas fall on deaf ears, they take on the federal government — all the way to the Supreme Court.

This podcast features Sister Constance Veit and Becket President Mark Rienzi. Learn more about the case here: https://www.becketlaw.org/case/littlesisters/

Morality and Mandates

When a federally funded fair housing group sues a Christian homeless shelter and rehabilitation center, the people who turn their lives around—thanks to the mission—are at risk.

This episode features Rev. Bill Roscoe, Flora Langley and Becket's Luke Goodrich. 

Learn more about the case here: http://www.becketlaw.org/case/intermountain-fair-housing-council-v-boise-rescue-mission-ministries/

Religion and Recovery

Sikhs have lived in the United States for hundreds of years, but do we really understand their beliefs? When a federal employee loses her job for practicing her faith, bad policy and ignorance are both at fault.

This episode features Kawal Tagore, Scott Newar and Becket's Daniel Blomberg. 

Learn more about the case here: http://www.becketlaw.org/case/tagore-v-department-homeland-security/

Beliefs and Bureaucrats

A small-town lawyer gives his church pro bono legal advice after a dispute between the church school and an employee—and ends up with a case headed for the U.S. Supreme Court.

Synods and Statutes

When religious liberty experts notice a prisoner’s petition to the U.S. Supreme Court, his case to grow a beard gains support and sheds light on the prison-prisoner relationship.

Conviction and Confinement

In Season 2 of Stream of Conscience, we dive deeper into religious liberty to explore its two major components, the Establishment Clause and the Free Exercise Clause. What did the framers of the Constitution mean when they forbade the “establishment” of religion? Who gets to decide what “free exercise” of religion includes? What’s the difference between the two clauses, and how do we argue cases arising under them? 

Season 2 also introduces cases that are not strictly religious liberty cases. We’ll talk about how other fundamental freedoms, like the freedom of speech and the right to property, intersect with religious liberty, and why it’s so important to understand these connections as we defend our freedoms.

Stream of Conscience

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