We Dissent is a monthly law podcast hosted by two secular women, who are also attorneys at the Freedom From Religion Foundation and Americans United for Separation of Church and State. Join us as we discuss developments affecting the separation of church and state in the US Supreme Court and lower federal courts. We'll also explore other advocacy work we do to help atheists and other nonreligious people outside the courtroom. We know there are so many atheist podcasts and legal podcasts and ...
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St. Isidore Podcasts
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Stone Unturned: Courts have never allowed Ten Commandments in public schools
1:06:43
1:06:43
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1:06:43Rebecca and Liz break down the strong history of courts rejecting government attempts to display Ten Commandments in public schools. They explain the seminal 1980 case Stone v. Graham, the SCOTUS cases since then reinforcing that precedent, and the growing number of states passing blatantly unconstitutional laws that force public schools to display…
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100 years of monkey business: the Scopes trial centennial
46:50
46:50
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46:50Rebecca and Liz commemorate the 100th anniversary of the Scopes Trial. They discuss the infamous "monkey" trial, and the history of teaching evolution in public schools. An "everything old is new again" episode, showing the impact of the Scopes trial throughout the last century and digging into the latest attempts by Christian Nationalists to injec…
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Hoodwinked: Health Care Sharing Ministries with Sarah Levin
1:02:16
1:02:16
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1:02:16Rebecca and Liz explore health care sharing ministries (HCSMs) with guest, Sarah Levin. Sarah guides us through this religious billion dollar industry. We discuss what HCSMs are and what they are not, and why we need to push for them to have transparency. Background and Resources Bio for Sarah Levin Sarah's email: [email protected] Secula…
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Liz and Rebecca explain the final three Supreme Court rulings with huge stakes for true religious freedom. They discuss the Court's continued zeal for religious favoritism in the Catholic Charities, Mahmoud, and Skrmetti rulings—further expanding exemptions from the law for religious employers, giving ultra-conservative religious parents veto power…
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That Does Not Equal Nine: St. Isidore v. Drummond
52:37
52:37
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52:37The third in the "unholy trinity" of religion clause cases from the current SCOTUS term. Liz and Rebecca discuss the case that sought to create the nation's first Catholic public charter school and the surprisingly early decision issued by a divided Court. They explain how this case came to be, what the oral arguments revealed, and the high stakes …
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High Unholy Season Continues: Mahmoud v. Taylor
1:15:56
1:15:56
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1:15:56Liz and Rebecca continue the SCOTUS religion cases coverage with Mahmoud v. Taylor, a case that threatens to force public school districts to bend to the will of their most conservative religious parents. They discuss how the case came to be, what the oral arguments told us, and why this case actually is about book banning and censorship. Backgroun…
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High Unholy Season: Catholic Charities Bureau vs. Working Americans
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51:27
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51:27Liz and Rebecca break down the latest Supreme Court case, Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission. They explain how the case seeks to expand religious tax exemptions yet again, while threatening the unemployment benefits of thousands of workers. They share their analysis of the oral arguments and predictions …
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Breaking Down Trump's Executive Orders with Dena Sher
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1:00:20
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1:00:20Rebecca and Liz welcome Americans United Associate Vice President of Public Policy Dena Sher to the show to discuss President Trump's spate of executive orders. Dena reminds us what executive orders are and we break down the ones that affect religious liberty and the separation of church and state. Background Dena Sher, Associate Vice President of …
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Liz and Rebecca take a break from the regular schedule to answer listener questions. They talk about how the founders viewed state/church separation, the issues our movement should focus on, and how to engage women in the cause of secularism. Resources AU's Project 2025 Hub Abortion resources aidaccess.org plancpills.org How to Contact Your Elected…
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SCOTUS is considering whether Tennessee's total ban on transgender medical care for minors violates the Equal Protection Clause, and Liz and Rebecca have some thoughts. They explain what the oral arguments last month revealed and what the stakes are for the real people who will be affected by the Court's decision. Background Case page on SCOTUSblog…
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Liz and Rebecca process the 2024 election results. They discuss the challenges the new administration will bring, some under-the-radar encouraging election results, and how their organizations plan to continue fighting for secular democracy in the months and years ahead. Background National Women's Law Center Abortion ACLU of Missouri's abortion ca…
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The Crisis Pregnancy Center Crisis with Jenifer McKenna
1:18:58
1:18:58
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1:18:58Alison, Liz, and Rebecca are joined by Jenifer McKenna to talk about the billion dollar crisis pregnancy center industry and its role in the anti-abortion movement. They discuss the massive harms caused by these unregulated fake clinics, Jenifer's work on the first multi-state CPC investigation, and a new approach to exposing their unethical tactic…
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Sarah Posner on Tyranny by a Minority
1:12:45
1:12:45
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1:12:45Alison, Liz, and Rebecca interview Sarah Posner, author and interviewer. They discuss the evolution of the Christian right, debate how to talk about Christian Nationalism, and break down the sky high stakes of this year's election. Show Notes Sarah Posner's Website Sarah's new book: Unholy: How White Christian Nationalists Powered the Trump Preside…
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Alison, Liz, and Rebecca dig into Project 2025, the comprehensive transition project for the next conservative administration. They explain the project and illustrate the throughlines of its policy agenda— Christian nationalist ideology and the obliteration of the separation of church and state. Background SPLC on Alliance Defending Freedom Project…
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A Conversation with Secular Legislator Sen. Kelda Roys
1:04:53
1:04:53
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1:04:53Alison, Liz, and Rebecca speak with Wisconsin State Senator Kelda Roys. They discuss what it's like to be a nonreligious lawmaker in today's legislative world as well as the threat of Christian Nationalism to our secular democracy and civil rights like reproductive freedom. Background Senator Kelda Roys' bio Congressional Freethought Caucus Abortio…
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Alison, Liz, and Rebecca break down the 2024 Supreme Court term. They explain how the Court decided the two cases affecting abortion access, then they explain several other decisions of the Court that massively disrupt how the government functions and shift even more power away from the people. Cases and Background Mifepristone Case - FDA v. Allian…
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Talking Reproductive Rights with Maya Rupert
1:03:18
1:03:18
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1:03:18Alison, Liz, and Rebecca are joined by reproductive rights expert, political strategist, and advocate Maya Rupert. They discuss how the fight for reproductive justice is being waged post-Dobbs and why the personal has never been more political. Background When We Win with Maya Rupert Center For Reproductive Rights National Women's Law Center Explan…
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Not two years after overturning Roe v. Wade, the US Supreme Court is considering a case that threatens to take the abortion pill, mifepristone, off the market. Alison, Liz, and Rebecca explain how the anti-abortion activist lawsuit started, how it got to the Court, and what we learned from the recent oral arguments. Background SCOTUSblog Oral argum…
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Alison, Liz, and Rebecca welcome guest Amanda Tyler, executive director of the Baptist Joint Committee and lead organizer of BJC's Christians Against Christian Nationalism campaign. They discuss the urgent threat that Christian nationalist ideology poses to American democracy, how nonreligious and religious Americans alike can fight back, and Amand…
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Join Rebecca, Alison and Liz for a journey through the history and principles behind the U.S. exempting churches from taxation! We discuss the practice of tax exemption for charitable organizations, including churches, the major cases about the constitutionality of these ideas, and abuses of the Johnson Amendment. Background History of churches and…
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State of the State Legislatures in 2024
1:04:03
1:04:03
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1:04:03It's that wonderful time of year when Alison guides Rebecca and Liz through the upcoming legislative sessions in states across the country. We discuss upsetting trends in state legislation and bills we're monitoring that affect the separation of church and state and threaten true religious liberty for everyone. Background and Resources Previous epi…
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Liz and Rebecca answer your burning questions on religious liberty issues and more! This episode, we reach into the mailbag and take on topics from YOU, our loyal listeners. Background FFRF's Website American Atheists' Website Alliance for Justice: Statement of Principles: The Biden Administration Must Prioritize Judges Check us out on Instagram, F…
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Alison, Liz, and Rebecca interview Anaya Gayle—lawyer, ex-Mormon, and former BYU assistant dean. They discuss the power and influence the church wields and life for LGBTQ+ students at BYU, as Anaya shares her experience inside the insular LDS community. Background More about Anaya Gayle Anaya's Bio Interview with the Human Stories podcast News stor…
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It's Time to Wake Up! With Prof. Marci Hamilton
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44:14
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44:14Alison, Liz, and Rebecca are joined by Professor Marci Hamilton, legal icon and leading expert on the Religious Freedom Restoration Act (RFRA) and extreme religious liberty. Professor Hamilton explains the origin story of RFRA, how it has led us to the emerging theocracy we face, and what Americans can do to reclaim true religious liberty before it…
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Alison, Liz, and Rebecca go back to school! They discuss the latest wild and crazy state/church violations in public schools reported to their organizations, the postscript on the Coach Kennedy case, and the alarming move by Oklahoma to create the first religious public school. Background Pray to Play report Prayer Walks and Public Schools report W…
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Alison, Liz, and Rebecca take a deep dive into Texas for a case study in theocratic government. They discuss recent Christian nationalist legislation advancing in the state, the takeover of state institutions by conservative Christian legal groups, and the many state/church battles their organizations have fought in Texas. Background Texas Monthly …
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Reclaiming Religious Liberty with Liz Reiner Platt
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57:25
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57:25Alison, Liz, and Rebecca discuss a better vision for religious liberty with Liz Reiner Platt, director of the Law, Rights, and Religion Project, a law and policy think tank based at Columbia Law School. They talk about using religious exemptions to promote progressive social causes and issues, including the legal fight for a right to abortion based…
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The Supreme Court continues to mess up civil rights for everyone. In this episode Rebecca and Liz discuss the two opinions handed down by the Supreme Court at the end of June, Groff v. DeJoy and 303 Creative v. Elenis. They recap the case, summarize the rulings, and discuss implications of the decisions. Background Groff v. DeJoy SCOTUS decision SC…
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Neither rain, nor snow, nor Nascar: Groff v. DeJoy
1:10:20
1:10:20
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1:10:20Alison, Rebecca, and Liz discuss the pending Post Office case—Groff v. DeJoy—another high-stakes case in which the Supreme Court considers how much hardship a business must bear to accommodate the religious practices of employees. They explain how the case threatens to disrupt decades of case law interpreting Title VII of the Civil Rights Act and w…
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Heads I Win, Tails You Lose: Discussing State/Church Separation with Professor Corbin
1:34:03
1:34:03
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1:34:03Rebecca, Liz, and Alison discuss the state of state/church separation with Professor Caroline Corbin, constitutional law professor at the University of Miami. They review the history of Establishment Clause jurisprudence, remind listeners about what the Supreme Court did to the religion clauses in 2022, and discuss where we stand now in regards to …
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Alison, Liz, and Rebecca are joined by Katie O'Connor, Deputy Chief Counsel at Demand Justice, to discuss court reform. Katie explains how the Supreme Court and federal courts have been broken, why it's an existential threat to our secular democracy, and how we can fix it. Background Demand Justice FFRF report on Trump judges Presidential Commissio…
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Sex on the Brain: the Assault on Trans People with Sasha Buchert
1:10:20
1:10:20
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1:10:20Alison, Liz, and Rebecca welcome another guest to the pod—Sasha Buchert, senior attorney and director of the Non-Binary and Transgender Rights Project for Lambda Legal. Sasha guides us through a discussion of the history of transgender rights in the courts, the current legislative attacks on trans people we are seeing across the country, and the li…
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What is the ministerial exception? Where did it come from? What has the Supreme Court said about this legal doctrine? In this episode, Rebecca, Liz and Alison recount the history of the ministerial exception and break down the two major cases from the Supreme Court on point: Hosanna-Tabor Evangelical Church and School v. Equal Employment Opportunit…
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303 Creative v. Elenis (This Case Should Be Dismissed!)
1:18:51
1:18:51
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1:18:51Rebecca, Liz and Alison discuss the December 2022 oral arguments in the latest services for same sex wedding case, 303 Creative v. Elenis. This case involves a Christian website designer who would like to expand her business to create wedding websites, but would refuse to do that for same sex couples. The hosts discuss the craziness that was the or…
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Alison guides us through the legislative process in states and what to expect in the 2023 legislative sessions. We discuss how a bill becomes a law, what bills we're tracking for next year, and give advice on how you can become an effective advocate! Cases Marsh v. Chambers (1983) Carson v. Makin (2022) Dobbs v. Jackson Women's Health Organization …
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Rebecca, Liz, Monica, and Alison discuss the ways in which the separation of church and state surfaces during election season. They'll break down the Johnson Amendment, the rules and restrictions churches must adhere to in order to be tax-exempt, and then explore the unique complaints they receive involving voting in churches. FFRF, AHA, and Americ…
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Monica, Alison, Liz, and Rebecca discuss religious liberty issues in our jails and prisons. From court-ordered AA to coercive prayer meetings to forming atheist and humanist groups in prisons, there are plenty of ways the separation of church and state affects this vulnerable population. Cases Torcaso v. Watkins (1961) FFRF v. Mosley and Laurel Cou…
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Alison guides Rebecca, Monica and Liz through a discussion of another tool we have to keep religion out of government: administrative rules and regulations. The co-hosts give an overview of this body of law, and discuss how it's been used to erode the wall of separation and what we can do to roll that back. Background Section 1557 of the Patient Pr…
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No Victory for Religious Liberty: Discussing Coach Prayer with Rachel Laser
1:24:20
1:24:20
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1:24:20Liz, Rebecca, Monica and Alison recap the case, Kennedy v. Bremerton, discussed in Episode 5 and review the decision handed down by the Supreme Court at the end of June. Later in the episode they're joined by the pod's very first guest, Rachel Laser, President and CEO of Americans United, who represented Bremerton at the high court. Rachel joins fo…
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Bonus Episode! Shurtleff v. City of Boston
16:40
16:40
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16:40Rebecca and Liz recap the case, which was discussed in Episode 2, and review the decision handed down by the Supreme Court earlier this year. They also discuss the importance of this decision in the context of all other religious liberty cases from the high court's term this past year. Background SCOTUS Decision Check us out on Facebook and Twitter…
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Liz and Rebecca recap the case, which was discussed in Episode 1, and review the decision handed down by the Supreme Court at the end of June. They also discuss the impact this has for the separation of state and church moving forward. Background SCOTUS Decision Check us out on Facebook and Twitter. Our website, we-dissent.org, has more information…
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Liz, Rebecca, Alison and Monica discuss the decision in Dobbs v. Jackson Women's Health Organization, which overturns the fundamental right to abortion care. The co-hosts break down the decision, the ramifications of the decision, and commiserate over the future of the rights of women to make their own health care choices. Background Oral Arguments…
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You, Coach Kennedy, are no Tim Tebow
1:04:58
1:04:58
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1:04:58Liz, Rebecca, Alison and Monica break down the latest case threatening the separation of church and state, Kennedy v. Bremerton, which involves a Christian high school football coach praying at the 50-yard line after games. The hosts review the facts of the case, outline what happened at oral arguments and make predictions on what this means for th…
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Religious Liberty and the Death Penalty
1:08:21
1:08:21
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1:08:21Rebecca, Monica, Alison, and Liz discuss the religious liberty issues arising in death penalty cases. Since 2019, questions about what religious liberty rights are afforded to those sentenced to death at the moment of their execution have been featured at the high court. Rebecca walks us through four notable cases on this issue and the hosts discus…
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Secular State Advocacy in the Age of Christian Nationalism
45:42
45:42
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45:42Alison, Rebecca and Monica discuss another tool in our kit to keep religion and government separate: legislative advocacy. Alison, as our resident policy expert, guides us through the many bills that threaten church/state separation wending their ways through state legislatures this year. Background Religious Freedom Restoration Act of 1993 (RFRA) …
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The So-Called Establishment Clause: Shurtleff v. City of Boston
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1:01:20
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1:01:20Monica, Liz, Rebecca, and Alison review the case, Shurtleff v. City of Boston, in which the city of Boston denied a religious organization, Camp Constitution, its request to fly the Christian flag at city hall. The hosts discuss the free speech and religion clause arguments presented at oral arguments in December 2021. *Note, this episode was recor…
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Liz, Rebecca, Alison and Monica discuss the "sleeper case" of the Supreme Court term which could upend prohibitions on government funding to religious schools. The lawyers break down the arguments from the case out of Maine, Carson v. Makin, and discuss ramifications and potential outcomes. Background Oral Arguments SCOTUS Blog The Atlantic - "The …
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Please listen to the We Dissent Podcast promo, and stay tuned for our first episode!
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