Notre Dame Law School Religious Liberty Initiative – 2022 Year in Review

The University of Notre Dame in Indiana is home to Notre Dame Law School and the Law School’s Religious Liberty Initiative.

On the cover: St. Peter’s Basilica is illuminated at sunset in Vatican City. In July 2022, the Religious Liberty Initiative held the second annual Notre Dame Religious Liberty Summit in Rome.

About Notre Dame Law School Religious Liberty Initiative

We envision a world in which society has more peace as a result of robust legal protections and cultural acceptance that treat the freedom of religion or belief as a foundational component of human flourishing for all people.

Our mission is to promote human flourishing by serving as a source of advocacy, counsel, scholarship, training, fellowship, and hope in defense of the fundamental human right to the freedom of religion or belief for all people.

Our work is focused primarily on the following strategic goals:

Thought Leadership

We seek to step forward institutionally as a global thought leader to foster meaningful public engagement with the ideals of religious liberty. This goal includes promoting the work of scholars across disciplines, both at the University of Notre Dame and elsewhere, who are advancing these ideals.

Professional Formation

Through the work of our Religious Liberty Clinic at Notre Dame Law School, we prepare the rising generation of religious liberty scholars, advocates, and builders to defend the fundamental right to the freedom of religion or belief for all people.

Advocacy

We leverage theoretical religious liberty ideals through students’ clinical work to maximize real-world impact in the context of litigation victories and amicus briefs; transactional advising regarding governance of religious organizations; domestic government affairs, including monitoring and providing input on public policy at local, state, and federal levels; and international projects defending against infringements of the freedom of religion or belief, including religious discrimination.

Our pursuit of these goals is animated by five core values which set a standard for our scholarship, our advocacy efforts, the mentorship we provide to the Student Fellows in our Religious Liberty Clinic, and our collaborative efforts with external stakeholders:

• Service

• Collaboration & Fellowship

• Professional Formation

• Excellence

• Pluralism

About the Notre Dame Law School Religious Liberty Initiative

Leadership and Staff

G. Marcus Cole

Joseph A. Matson Dean and Professor of Law

Founder, Religious Liberty Initiative

Stephanie Barclay

Associate Professor of Law

Director, Religious Liberty Initiative

John Meiser

Managing Director for Domestic Litigation

Meredith Holland Kessler

Staff Attorney

Brendan Wilson

Adjunct Professor of Law

Francesca Genova Matozzo

Legal Fellow

Anna Bradley

Program Manager

Arienne Calingo

Communications Specialist

Laura Sniadecki

Legal Assistant

Faculty Fellows

Roger Alford

Professor of Law

Gerard V. Bradley

Professor of Law

Samuel L. Bray

John N. Matthews Professor of Law

Paolo Carozza

Professor of Law

Diane Desierto

Professor of Law and Global Affairs

Director, LL.M. in International Human Rights Law

Rev. Robert Dowd, C.S.C.

Associate Professor of Political Science

Assistant Provost for Internationalization

Nicole Stelle Garnett

John P. Murphy Foundation Professor of Law

Richard W. Garnett

Paul J. Schierl/Fort Howard Corp. Professor of Law

Director, Program on Church, State & Society

Sherif Girgis

Associate Professor of Law

Mary Keys

Associate Professor of Political Science

Rev. John Paul Kimes

Raymond of Peñafort Fellow in Canon Law, de Nicola Center for Ethics and Culture

Vincent Phillip Muñoz

Tocqueville Associate Professor of Religion and Public Life

Founding Director, Notre Dame Center for Citizenship and Constitutional Government

Daniel Philpott

Professor of Political Science

Christian Smith

William R. Kenan, Jr. Professor of Sociology

O. Carter Snead

Professor of Law

Director, de Nicola Center for Ethics and Culture

Professor Stephanie Barclay

Board of Advisors

Lord David Alton

House of Lords, United Kingdom

Kristina Arriaga

CEO, Intrinsic Communications

Louis Brown

Executive Director, Christ Medicus Foundation

Robert P. George

McCormick Professor of Jurisprudence

Director, James Madison Program, Princeton University

Mary Ann Glendon

Learned Hand Professor of Law, emerita, Harvard University

Brian Grim

President, Religious Freedom & Business Foundation

Suzan Johnson Cook

Former U.S. Ambassador for International Religious Freedom

Paul E. Kerry

Associate Director, International Center for Law and Religion Studies, Brigham Young University

Douglas Laycock

Robert E. Scott Distinguished Professor of Law

Professor of Religious Studies, University of Virginia

Samah Norquist

Former Chief Advisor for International Religious Freedom, U.S. Agency for International Development (USAID)

Peter Petkoff

Director of the Religion, Law and International Relations

Programme, Regent’s Park College, University of Oxford

Mona Polacca

International Council of Thirteen Indigenous Grandmothers

Elizabeth Prodromou

Director, Tufts Initiative on Religion, Law, and Diplomacy

Jim Rice

National Advisor, Governance and Leadership Consulting

Gallagher Consulting

Jacqueline Rivers

Executive Director, Seymour Institute for Black Church and Policy Studies

David Trimble

Vice President for Public Policy and Education

Religious Freedom Institute

Nury Turkel

Chair, U.S. Commission on International Religious Freedom

Asma Uddin

Religious Liberty Attorney and Scholar

Baroness Sayeeda Warsi

House of Lords, United Kingdom

Paul Yowell

Associate Professor, Faculty of Law, University of Oxford

Notre Dame Law School Dean G. Marcus Cole founded the Law School’s Religious Liberty Initiative in 2020, with a generous gift from the family of Matt and Lindsay Moroun.

The Religious Liberty Initiative is already one of the largest academic institutions in the world dedicated to promoting, protecting, and defending religious freedom.

Scan to watch a video about the Religious Liberty Initiative.

Events

In 2022, the Notre Dame Law School Religious Liberty Initiative held a wide variety of events on the Law School’s campus in Indiana as well as in London and Rome. These events — scholarly symposia, book launches, panel discussions, and more — brought together the world’s foremost experts and advocates in the area of religious freedom.

See a summary of the Religious Liberty Initiative’s 2022 events below.

January 24

‘Re-Thinking the Law to Ensure the Protection of Religious Minorities’

The Notre Dame Law Review published six articles on religious liberty in Reflection, its online supplement for 2022. Each author highlighted an example of persecution in a particular region: Africa, China, Latin America, the Middle East, and Southeast Asia. On January 24, the Notre Dame Law School Religious Liberty Initiative co-sponsored a Law Review symposium that included a panel discussion, “ReThinking the Law to Ensure the Protection of Religious Minorities,” with a distinguished and diverse group of legal experts from around the world.

The panelists were:

Jorge Barrera Rojas

Universidad de Chile

Universidad San Sebastián

Ana María Celis Brunet

Pontificia Universidad Católica de Chile

Mark Hill, QC

Notre Dame London Law Programme

Andrea Pin

Universitá degli Studi di Padova

Brett Scharffs

Brigham Young University J. Reuben Clark Law School

International Center for Law and Religion Studies

James Sonne

Stanford Law School and Stanford Religious Liberty Clinic

Nury Turkel

U.S. Commission on International Religious Freedom

Diane Desierto (moderator)

Notre Dame Law School

Spring semester

Religious Liberty Initiative hosts authors for book discussion series

The Religious Liberty Initiative hosted a series of book discussions with authors throughout the spring 2022 semester at Notre Dame Law School.

The series began on February 21 with Professor Jonathan Fox of Bar-Ilan University in Israel. Fox is co-author of Why Do People Discriminate Against Jews? (Oxford University Press, 2021).

On March 21, Professor Steve Collis of the University of Texas at Austin spoke about his new book, The Immortals: The World War II Story of Five Fearless Heroes, the Sinking of the Dorchester, and an Awe-inspiring Rescue (Shadow Mountain, 2021).

Professor Ronit Stahl from the University of California, Berkeley joined the conversation with Collis.

The series concluded with Professor Michael Breidenbach of Ave Maria

University on April 4.

Breidenbach is the author of Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America (Harvard University Press, 2021).

Steve Collis

July 4 at the Notre Dame London Global Gateway Nury Turkel launches his book No Escape at Notre Dame in London

Nury Turkel — recipient of the inaugural Notre Dame Prize for Religious Liberty from the Law School’s Religious Liberty Initiative in 2021 — is a Uyghur-American attorney and human rights advocate who serves as chairman of the U.S. Commission on International Religious Freedom.

His new book, No Escape: The True Story of China’s Genocide of the Uyghurs (HarperCollins, 2022), is a powerful memoir that lays bare China’s repression of the Uyghur people.

On July 4, the Notre Dame Law School Religious Liberty Initiative hosted a book launch for No Escape at the University of Notre Dame’s

London Global Gateway, located on Trafalgar Square in central London.

Turkel discussed the book in depth with Lord David Alton of Liverpool, a peer of the United Kingdom’s House of Lords. More than 100 people attended the event.

The book launch and discussion was scheduled to complement the Parliament of the United Kingdom’s International Ministerial Conference on Freedom of Religion or Belief.

G. Marcus Cole, the Joseph A. Matson Dean of Notre Dame Law School and founder of the Religious Liberty Initiative, and Professor Stephanie Barclay, the Religious

Liberty Initiative’s director, both spoke at the Ministerial Conference. Barclay delivered the conference’s closing keynote address.

Stephanie Barclay

Lord David Alton, left, and Nury Turkel

September 26

‘Careers in Religious Liberty’ explores intersection of law and faith

The Notre Dame Law School Religious Liberty Initiative hosted a “Careers in Religious Liberty” panel discussion on September 26 at the Law School. The panel featured conversation with leaders in the legal profession who protect religious freedom, address religious discrimination, and encourage faith-based partnerships in various settings.

The event gave Notre Dame Law students the opportunity to explore different career options that tightly interweave law and faith.

Panelists included Jennie Bradley Lichter, deputy general counsel at The Catholic University of America and senior legal fellow at the Religious Freedom Institute; Mike McGinley, partner at Dechert LLP; Brendan Wilson, partner at Faegre Drinker Biddle & Reath LLP and adjunct professor at Notre Dame Law School; and Genevieve Kelly, chief of enforcement and case management within the U.S. Department of

October 10

Nury Turkel visits ND for book discussion

The Notre Dame Law School Religious Liberty Initiative hosted “The Uyghur Genocide & Threats to Religious Liberty: A Conversation with Commissioner Nury Turkel” on October 10 at the Law School. The Uyghur-American attorney and human rights advocate shared details on China’s hostile treatment toward Uyghur Muslims and how the genocide has sparked major issues concerning religious freedom. Following the discussion, attendees had the opportunity to meet Turkel, who signed copies of his recently published book, No Escape: The True Story of China’s Genocide of the Uyghurs

October 24

Health and Human Services’ Office for Civil Rights.

John Meiser, managing director of domestic litigation for the Notre Dame Law School Religious Liberty Clinic, served as moderator.

Scholars talk ‘unconstitutional conditions’

In partnership with the Religious Liberty Initiative, the Notre Dame Law Review hosted its first symposium of the 2022-23 academic year on October 24.

The symposium, “Unconstitutional Conditions and Religious Liberty,” brought together religious freedom experts from across the country.

Panelists included Thomas Berg, University of St. Thomas School of Law; Elizabeth Clark, Brigham Young University; Marc DeGirolami, St. John’s University School of Law; Michael Helfand, Pepperdine Caruso School of Law; Michael Moreland, Villanova University School of Law; Lloyd

Mayer, Notre Dame Law School; Lucia Silecchia, Catholic University School of Law; and lawyer and author Asma Uddin.

Asma Uddin

Mike McGinley and Genevieve Kelly

October 26

‘Religious Liberty Issues in Healthcare’

On October 26, the Notre Dame Law School Religious Liberty Initiative and Notre Dame’s de Nicola Center for Ethics and Culture hosted the “Religious Liberty Issues in Healthcare” panel discussion in the Law School’s McCartan Courtroom.

The event featured a panel of distinguished speakers from across various fields, including nonprofit and religious organizations, higher education, and health care. The panelists provided unique insights on several issues, ranging from the legal challenges facing religious health care systems, current issues in medical licensing and regulation,

December 6

Initiative screens

The Hong Konger at Hesburgh Library

On December 6, the Religious Liberty Initiative hosted a screening of award-winning documentary The Hong Konger: Jimmy Lai’s Extraordinary Struggle for Freedom in the Carey Auditorium at the University of Notre Dame’s Hesburgh Library.

The documentary follows imprisoned media tycoon and pro-democracy activist Jimmy Lai and his long-term engagement in political activism on behalf of all Hong Kongers.

Lai has credited his Catholic faith for providing him with a strong foundation in his courageous fight for freedom. “If I go away,” he says, “I not only give up my destiny, I give up God, I give up my religion, I give up what I believe in.” cultural challenges facing medical students and doctors, and the protection of religious rights of minority religions, particularly of Orthodox Jews.

Panelists included Peter D. Banko, president and CEO of Centura Health; Louis Brown, executive director of Christ Medicus Foundation; Lydia Dugdale, director of the Columbia Center for Clinical Medical Ethics; and Rabbi Shmuel Lefkowitz, president of Chayim Aruchim. Notre Dame Law Professor O. Carter Snead, director of the de Nicola Center for Ethics and Culture, moderated the discussion.

Dr. Lydia Dugdale and Rabbi Shmuel Lefkowitz

December 11-14 at the Notre Dame Rome Global Gateway

‘Catholic Schools and Religious Liberty: A Global Perspective’

The University of Notre Dame and the Australian Catholic University jointly sponsored a symposium, “Catholic Schools and Religious Liberty: A Global Perspective,” on December 11-14 at the Notre Dame Rome Global Gateway.

The symposium was the fifth in a series which the University of Notre Dame established in 2018 at the request of the Vatican’s Congregation for Catholic Education to increase knowledge about Catholic schools globally.

The aims of the 2022 conference were two-fold. The first aim was to better understand how legal and education-policy constraints shape the operations of Catholic schools in different parts of the world; and to clarify which types of constraints represent acceptable accountability

regulations and which represent undue restraints on religious liberty and school autonomy.

Equally significant was the second

goal of the symposium: to learn about the experience of Catholic schools under legal and policy constraints in the different parts of the world in which they operate and to aid them in responding constructively to threats to religious liberty and school autonomy.

Nicole Stelle Garnett, the John P. Murphy Foundation Professor of Law at Notre Dame Law School, was the event’s lead organizer. Participants included scholars, educators, and Church officials from different regions of the world, including Europe, Africa, Australia, Asia, and North and South America.

U.S. Ambassador to the Holy See Joe Donnelly — a 1981 graduate of Notre Dame Law School — was among the featured participants.

Ambassador Joe Donnelly

Religious Liberty Summit

Rome, Italy – July 20-22

The Notre Dame Religious Liberty Summit is an annual gathering of the world’s leading defenders Through panel discussions, keynote speeches, and cross-cultural experiences, the Religious Liberty conversations between scholars, advocates, and religious leaders about the future of religious liberty around the world. Each year during the summit, one individual is honored with the Notre Dame in recognition of achievement in preserving religious liberty.

In July 2022, the Notre Dame Law School Religious Liberty Initiative hosted the Notre Dame Religious Liberty Summit in Rome.

The summit’s theme was Dignitatis humanae — the Second Vatican Council’s declaration on religious freedom that spelled out the Catholic Church’s support for the protection of religious liberty and set the ground rules for how the Church relates to secular states.

More than 100 people from all over the globe attended the summit.

“While we come from many different faith traditions, and some from none at all, we are all here today because we share the fundamental belief that freedom of religion and freedom of conscience are essential to human flourishing. Indeed, they are fundamental human rights,” Notre Dame Law School Dean G. Marcus Cole said in his opening remarks in Rome.

The summit included panel discussions on protecting religious minorities, bioethics, interreligious dialogue, education, and the press.

President Dallin Oaks of The Church of Jesus Christ of Latterday Saints delivered an inspiring keynote address on the Religious Liberty Summit’s first day in which he emphasized the importance of building multifaith coalitions to protect religious liberty globally. Two of the world’s foremost public intellectuals, Cornel West of Union Theological Seminary and Robert P. George of Princeton University, joined the summit to participate in a keynote discussion.

Mary Ann Glendon, the Learned Hand Professor of Law, emerita, at Harvard Law School and a former U.S. ambassador to the Holy See, was presented with the 2022 Notre Dame Prize for Religious Liberty at the summit’s gala.

“From Rome, this great cradle faith, I call for a global effort advance the religious freedom God in every nation of the President Dallin Oaks, The Church

Summit

defenders of religious freedom. Liberty Summit stimulates engaging liberty in the United States and Dame Prize for Religious Liberty

cradle of the Christian effort to defend and freedom of all the children of the world.”

Church of Jesus Christ of Latter-day Saints

2022 Notre Dame Religious Liberty Summit in Rome

Mary Ann Glendon awarded 2022 ND Prize for Religious Liberty

Each year during the Religious Liberty Summit, one individual is honored with the Notre Dame Prize for Religious Liberty in recognition of achievement in preserving religious liberty.

At the 2022 Religious Liberty Summit Gala Dinner in Rome, the Notre Dame Prize for Religious Liberty was presented to Mary Ann Glendon, the Learned Hand Professor of Law, emerita, at Harvard Law School and former U.S. ambassador to the Holy See. She was honored for her groundbreaking legal scholarship as well as her distinguished service to the United States and the Catholic Church — all of which have had a global impact by affirming religious freedom as a fundamental human right.

Steven Smith, professor of law and co-executive director of the Institute for Law & Religion at the University of San Diego School of Law, received the Religious Liberty Initiative’s 2022 Scholarship Award. The award is given annually to a legal scholar for accomplishments in the field of law and religion, and for contributions to the understanding of the enterprise of protecting the freedom of religion and belief through law.

U.S. Supreme Court Justice Samuel Alito delivered the keynote address at the 2022 Religious Liberty Summit Gala Dinner in Rome.

In his remarks, Alito noted that religious liberty is a life-or-death

matter in many parts of the globe. He cited examples of groups such as the Yazidis in Iraq, Christians in Nigeria, Coptic Christians in Egypt, and Uyghurs in China that have been victims of horrific violence.

“Religious liberty is under attack in many places because it is dangerous to those who want to hold complete power,” he said.

Alito also described the related benefits that societies enjoy when religious liberty is protected, and the strong relationship between religious liberty and other rights such as free speech and the freedom of assembly.

“Religious liberty and other fundamental rights tend to go together,” Alito said.

Justice Samuel Alito

Mary Ann Glendon, center

2022 Notre Dame Religious Liberty Summit in Rome

Cornel West and Robert P. George participate in keynote discussion

Two of the world’s foremost philosophers and public intellectuals — Robert P. George of Princeton University and Cornel West of Union Theological Seminary — spoke about American democracy and the meaning of Dignitatis humanae on the Notre Dame Religious Liberty Summit’s third day.

In a keynote discussion moderated by Notre Dame Law School Dean G. Marcus Cole, they offered insights on how individuals can live with authenticity and integrity based on genuine faith.

A central question that George and West explored was how to get the general public in America to embrace the importance of religious freedom when there is a suggested shift toward a heightened secularization of our society.

They spoke of the importance of religious liberty for human flourishing.

“Dignitatis humanae teaches us that for the sake of genuine faith, people have to be free to live lives of authenticity and integrity in line with their best answers to the great questions of meaning, value, nature, dignity, and destiny,” George said.

Scan to watch a video about the 2022 Notre Dame Religious Liberty Summit.

Cornel West, left, and Robert P. George

Clinic

Notre Dame Law School’s Religious Liberty Clinic advises individuals and organizations, both in the United States and abroad, on matters related to their religious freedom. In 2022, the clinic filed 14 amicus briefs in domestic courts across the nation and one amicus brief in Argentina’s Federal Criminal Court. In addition, the clinic submitted filings in three federal executive agencies.

The Religious Liberty Clinic was highlighted in the 2022 Association of American Law Schools Pro Bono Hours Survey for its strong commitment to pro bono work.

Read on for an overview of some of the Religious Liberty Clinic’s key activities in 2022.

The Religious Liberty Clinic’s work spanned the nation in 2022. The clinic filed amicus briefs in the following courts:

• Supreme Court of the United States

• Indiana Supreme Court

• Kentucky Supreme Court

• U.S. Court of Appeals for the Fifth Circuit

• U.S. Court of Appeals for the Seventh Circuit

• U.S. Court of Appeals for the Ninth Circuit

• U.S. Court of Appeals for the Eleventh Circuit

• U.S. District Court, District of Arizona

• U.S. District Court, Northern District of California

• Colorado Court of Appeals

• Court of Common Pleas in Franklin County, Ohio

Case Snapshot: Apache Stronghold v. United States of America

In September 2022, Notre Dame Law School’s Religious Liberty Clinic filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit asking the court to protect Oak Flat, a sacred site in Arizona that is of great spiritual importance to many Native American tribes.

The brief was filed in support of en banc review for Apache Stronghold v. United States of America.

In the case, a nonprofit community organization dedicated to the defense of Native American sacred sites (Apache Stronghold) asks the Ninth Circuit to stop a land transfer to foreign-owned mining company Resolution Copper, which plans to destroy the Apache sacred site as part of a multi-billion-dollar mining plan. The Religious Liberty Clinic’s brief outlines the ways in which the destruction of Oak Flat constitutes a

substantial burden for the Apache’s religious expression under the Religious Freedom Restoration Act (RFRA). The brief also calls attention to the United States’ failure to protect Native Americans’ sacred sites.

“Being a part of the Religious Liberty Clinic has been one of my most valuable experiences in law school. Seeing the court grant en banc review was extremely satisfying and helping play a small part of that as a second-year law student was something I didn’t expect to experience in law school, but for which I’ve been very grateful.”

Jared Huber, 2L, student fellow

Issue Spotlight: Prisoners’ Rights

Smith v. Ward

In June, the Religious Liberty Clinic filed an amicus brief with the U.S. Supreme Court in Smith v. Ward to assert that all people — including those who are incarcerated — have a fundamental right to live in accordance with their religious beliefs. The brief was filed on behalf of the Religious Freedom Institute.

The case involves Lester Smith, a Muslim man who has been fighting the prison system in Georgia in order to gain permission to wear a full-length beard, as his faith requires.

The brief was filed in support of a petition asking the Supreme Court to review and reverse the U.S. Court of Appeals for the Eleventh Circuit’s decision in the case.

Walker v. Baldwin

In October, the Religious Liberty Clinic filed an amicus brief in the U.S. Court of Appeals for the Seventh Circuit in the case Walker v. Baldwin, representing Bruderhof, Sikh, and Muslim groups.

The brief was filed in support of plaintiff Thomas Walker, a Rastafarian man whose right to practice his religion was suppressed by prison officials while he was being held in an Illinois correctional facility.

The brief asserts that monetary damages should be available for violations of the Religious Land Use and Institutionalized Persons Act.

Landor v. Louisiana Department of Corrections and Public Safety

In November, the Religious Liberty Clinic filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit in Landor v. Louisiana Department of Corrections and Public Safety, representing Bruderhof, Sikh, Muslim, and Jewish groups.

Similar to the Walker case, plaintiff Damon Landor, a devout Rastafarian, had his religious rights stripped away by prison officials in a Louisiana correctional facility when he was forced to cut his dreadlocks in violation of his sincerely held religious beliefs.

Emad v. Dodge County

The clinic filed an amicus brief in November in the U.S. Court of Appeals for the Seventh Circuit on behalf of the Becket Fund for Religious Liberty in the case Emad v. Dodge County.

In Emad, plaintiff Mohamed Salah Ahmed Emad was repeatedly denied permission to engage in congregate religious worship and prayer outside of his jail cell in the Dodge County Detention Facility in Wisconsin.

The brief details the long history of religious exercise in America’s prisons, tracing back to the nation’s founding.

The Religious Liberty Clinic’s work on Emad received news coverage from United Press International and Milwaukee’s NPR affiliate.

In 2022, the Notre Dame Law School Religious Liberty Clinic took up four cases that defend the right of incarcerated people to freely practice their faith.

“Working on Emad v. Dodge County taught me how professional defenders of religious liberty plan a brief from beginning to end. It was a privilege to step into their shoes and argue for Emad’s right to prayer.”

Katie Alexander, 2L, student fellow

“Religious organizations partner with the government to fulfill a vast array of important public needs. Communities across the country rely every day on the work of faith-based charitable groups — including adoption and foster care agencies, childcare and early learning centers, emergency shelters, food pantries, healthcare providers, refugee assistance organizations, and much more. If religious organizations are forced to retreat from public service, these vital resources will be lost to those who need them most.”

John Meiser, Managing Director for Domestic Litigation

Case Snapshot: Charter Day School v. Peltier

In October 2022, the Notre Dame Law School Religious Liberty Clinic filed an amicus brief in the U.S. Supreme Court, requesting that certiorari be granted in Charter Day School v. Peltier.

In the case, the U.S. Court of Appeals for the Fourth Circuit held that a publicly funded charter school in North Carolina is a “state actor” for purposes of federal law — and thus may be subjected to lawsuits alleging constitutional violations — even though it was operated by private individuals.

The clinic’s brief contends that this expansive interpretation of “state actor” threatens many thousands of religious charitable groups who help serve critical community needs by requiring them to either secularize or give up public funding and close.

The amicus brief argues that treating so many private groups

“I helped with our Supreme Court amicus brief in Peltier. After filing the brief, several news organizations wrote articles discussing our brief and the issues we had raised. It felt incredible to have our voices heard and to realize that our brief had made a real impact on the discussion.”

Bernadette Shaughnessy, 2L, student fellow

as “state actors” will endanger vital services provided by religious charitable groups.

The amicus brief was filed on behalf of the Religious Liberty Clinic; the Jewish Coalition for Religious Liberty, a nonprofit organization comprised of lawyers, rabbis, and professionals who practice Judaism and defend religious liberty; and the Islam and Religious Freedom Action Team of the Religious Freedom Institute, which amplifies Muslim voices on religious freedom, seeks a deeper understanding of the support for religious freedom inside

the teachings of Islam, and protects Muslims’ religious freedom.

The clinic’s work on Peltier received news coverage from Reuters, Politico, and Carolina Journal.

John Meiser offered his insights to Reuters about the importance of the Supreme Court hearing Charter Day School v. Peltier and the case’s potential impact on the future of religious organizations. He also spoke with Carolina Journal about the case and discussed the line between state actors and private actors. The amicus brief also received attention from Politico.

“I welcome this opportunity to provide crucial information in the proceedings pertaining to the genocide against the Uyghurs now before the Argentinian courts. The shocking evidence of atrocities against the Uyghurs warrants further investigation and judicial assessment. Domestic courts, based on the principle of universal jurisdiction, are competent organs to engage on the issue and, in using their powers, strike an important blow for the rule of law.”

Lord David Alton, House of Lords, United Kingdom

Amicus brief filed in Argentina to address the Uyghur genocide

In December, the Notre Dame Law School Religious Liberty Clinic filed an amicus brief in support of a criminal complaint that the World Uyghur Congress and the Uyghur Human Rights Project filed against China for genocide and crimes against humanity.

The amicus brief was filed on behalf of Lord David Alton of Liverpool, a British politician and human rights advocate; Sam Brownback, former U.S. Ambassador-at-Large for International Religious Freedom and current co-chair for the International Religious Freedom Summit, as well as a senior fellow at Open Doors USA; Kelley E. Currie, a human rights lawyer who formerly served as the U.S. Ambassadorat-Large for Global Women’s Issues and is currently serving as an adjunct senior fellow at the Center for a New American Security and a senior advisor to the Krach Institute for Tech Diplomacy at Purdue University; Nury Turkel, a Uyghur-American human rights advocate currently serving as chair of the U.S. Commission on International Religious Freedom, and co-founder and board chair of the Uyghur Human Rights Project; and Frank Wolf, author of the International Religious Freedom Act of 1998, which

created the U.S. Commission on International Religious Freedom.

This amicus brief filing is the latest effort undertaken by the Notre Dame Law School Religious Liberty Clinic to bring awareness to and encourage action against the atrocities enacted by the Chinese government.

“During my time with the Religious Liberty Clinic, I was able to work on a brief involving a case on behalf of Uyghur Muslims suing the Chinese government for human rights violations. The hardships and horrors faced by our clients were shocking and really pushed the team to create the best work possible for them. To me, being a part of the Religious Liberty Clinic means being able to stand up for justice, no matter how small the plaintiffs or how large the defendants.”

Huan Nguyen, 2L, student fellow

Case Snapshot: Thai Meditation Association v. City of Mobile

The Religious Liberty Clinic filed an amicus brief in September in the U.S. Court of Appeals for the Eleventh Circuit in support of the Thai Meditation Association of Alabama, which seeks to build a Buddhist meditation center on land it owns in Mobile.

The brief states that the district court incorrectly interpreted the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal law that protects against zoning and land-use decisions that inhibit religious exercise.

“The Religious Liberty Clinic is a phenomenal opportunity to labor in a controversial area of law while learning excellent advocacy from experts in the field. I have been able to develop my understanding of the law while also learning how to effectively influence its development through briefs, comments, and popular op-eds. The clinic is also a chance for me to work to ensure that the beliefs I hold dear remain protected in society and to use the blessing of a Notre Dame legal education to serve those who simply want to live a life of faith in peace.”

Joseph Graziano, 3L, student fellow

Full list of Religious Liberty Clinic’s domestic cases in 2022

In 2022, the Notre Dame Law School Religious Liberty Clinic took up 14 cases in domestic courts:

February 2022

• Shavelson v. California Department of Health Care Services (U.S. District Court for the Northern District of California)

• Payne-Elliott v. Archdiocese of Indianapolis (Indiana Supreme Court)

March 2022

• Kennedy v. Bremerton School District (U.S. Supreme Court)

May 2022

• Morris v. Centura Health (Colorado Court of Appeals)

• Columbus City School District et al. v. State of Ohio (Court of Common Pleas, Franklin County, Ohio)

June 2022

• Smith v. Ward (U.S. Supreme Court)

• McNeary and Deaton v. Council for Better Education et al. (Kentucky Supreme Court)

September 2022

• Apache Stronghold v. United States of America (U.S. Court of Appeals for the Ninth Circuit)

• Thai Meditation Associaton v. City of Mobile (U.S. Court of Appeals for the Eleventh Circuit)

• Groff v. DeJoy (U.S. Supreme Court)

October 2022

• Charter Day School v. Peltier (U.S. Supreme Court)

• Walker v. Baldwin (U.S. Court of Appeals for the Seventh Circuit)

November 2022

• Emad v. Dodge County (U.S. Court of Appeals for the Seventh Circuit)

• Landor v. Louisiana Department of Corrections and Public Safety (U.S. Court of Appeals for the Fifth Circuit)

Faculty News

Our faculty fellows were invited to work with the Notre Dame Law School Religious Liberty Initiative based on their excellent scholarship and contributions to the fight for religious freedom domestically and abroad. In 2022, they participated in a number of speaking engagements, and their work was featured in various publications, including Reuters, Politico, and National Review, among several other news sources.

Dean G. Marcus Cole, the founder of the Notre Dame Law School Religious Liberty Initiative, was identified as a “new reformer” by Deseret Magazine in April. The article featured 20 faith leaders who have “a passion for the kind of discourse that elevates moral conviction over political party, that prizes principles over partisanship.”

Stephanie Barclay spoke at the Harvard Journal of Law & Public Policy symposium on Common Good Constitutionalism, and the Iowa Law Review symposium on the future of religious freedom. Her article “Taking Justification Seriously: Proportionality, Strict Scrutiny, and the Substance of Religious Liberty” was published in the Boston College Law Review

In his recently published book What It Means to Be Human, O. Carter Snead makes a strong call to action for the U.S. to develop a legal approach to bioethical issues that recognizes human embodiment and vulnerability, rather than solely championing radical individualism.

In the past year, Nicole Stelle Garnett published eight articles, delivered 10 talks, and filed two amicus briefs in the U.S. Supreme Court with the Religious Liberty Clinic, namely Kennedy v. Bremerton School District and Charter Day School v. Peltier.

Vincent Phillip Muñoz’s recently published book, Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses, serves as the culmination of his decade-long scholarship on the religion clauses of the First Amendment.

Sherif Girgis wrote two papers on religious liberty — “Defining ‘Substantial Burdens’ on Religion and Other Liberties” in the Virginia Law Review, and “Fragility, Not Superiority? Assessing the Fairness of Special Religious Protections” in the University of Pennsylvania Law Review

Diane Desierto spoke at the Herbert Smith Freehills-SMU Asian Arbitration Lecture in Singapore this past November. She presented on the subject of “Human Rights, Environmental and Climate Change Law in the Substance and Procedure of International Arbitration.”

Richard Garnett, along with other religious liberty law scholars, filed an amicus brief in the U.S. Supreme Court in November. The brief was filed in support of Hereditary Chief Wilbur Slockish, Carl Logan, Cascade Geographic Society, and Mount Hood Sacred Lands Preservation Alliance. The brief aims to aid the court in interpreting and applying the Religious Freedom Restoration Act.

Mary Keys, associate professor of political science at the University of Notre Dame, contributed chapters to four books spanning a broad spectrum of political theory, with a special focus in Christianity, ethics, and political thought. Also, her book Pride, Politics, and Humility in Augustine’s City of God was published by Cambridge University Press in 2022.

Paolo Carozza has been added as a member of the Oversight Board for Meta, the parent company of Facebook, among the most valuable firms in the world with the social media and messaging apps Instagram and WhatsApp among its properties. The Oversight Board addresses a variety of issues related to freedom of expression and human rights.

Daniel Philpott, professor of political science at the University of Notre Dame, delivered Louisana State University’s Constitution Day lecture — “Giving Justice More Than Its Due” — on religion, reconcilation, and race. The program took place in September at the LSU Law Center.

Student News

Our Notre Dame Law School students started off the 2022-23 academic year strong with victories at international moot court tournaments in Spain and Brazil.

In addition, the Notre Dame Law School Moot Court Board hosted the seventh annual Notre Dame National Appellate Advocacy Tournament for Religious Freedom. A total of 14 moot court teams from a dozen law schools traveled to Notre Dame from across the country to participate in the tournament.

In September, third-year law students Matt Delfino, Shannon Moore, Leo O’Malley, Michael Snyder, and Taylor Wewers participated in the International Moot Court Competition in Law and Religion, hosted by the International Consortium for Law and Religion Studies in Córdoba, Spain.

The Notre Dame team took “Best Team” in both the United States Supreme Court division and the European Court of Human Rights division.

In November, the Notre Dame Law School Moot Court Board had a successful showing at the International Law and Religion Moot Court Competition, hosted by the Brazilian Center for Studies in Law and Religion in Uberlândia, Brazil.

The Notre Dame team of third-year law students Ian McKay and Taylor Wewers, and second-year law students Tysan Holloman and Christopher Ostertag, won “Best Brief” in the competition and took home second place overall. Ostertag, who also participates in the Notre Dame Law School Religious Liberty Clinic, won the award for “Best Oralist.”

Wewers had the opportunity to compete in the tournaments in both Spain and Brazil. She expressed that her experience in Spain was helpful in shaping her team’s arguments for the tournament in Brazil.

Uberlândia, Brazil

Religious liberty is a fundamental human right, and the protection of religious liberty is a global issue.

The Notre Dame Law School

Religious Liberty Initiative has the potential to change the world by promoting and defending freedom of conscience for people and institutions around the world.

G. Marcus Cole

Joseph A. Matson Dean and Professor of Law Notre Dame Law School