by Caleb Callanan

As my time as a student at the University of Saint Thomas School of Law draws to a close, I have found myself reflecting on the entire experience. One of the most impactful aspects of my time in law school has been spending these last three years as a Murphy Scholar with the Terrence J. Murphy Institute for Catholic Thought, Law, and Business. Through this work with the Murphy Institute, I have been blessed with the opportunity to assist with many wonderful events. One of my favorite event series hosted by the Murphy Institute is our “Hot Topics: Cool Talk” series. I was very excited that our most recent “Hot Topics: Cool Talk” program covered an issue that is near and dear to my heart and has been an area of study for me during my time at the University of Saint Thomas School of Law: Religious Accommodations.

To discuss this important topic through a passionate yet civil conversation, the Murphy Institute brought in two leading legal scholars with differing views on the benefits and constitutionality of religious exemptions. Through this conversation, Rick Garnett (Notre Dame Law School) and Nelson Tebbe (Cornell Law School) shared their knowledge on this topic by discussing a number of cases related to religious liberty and exemptions in front of the United States Supreme Court this term, including Oklahoma Statewide Charter School Board v. Drummond, and Mahmoud v. Taylor.

Professor Garnett began by explaining that these sorts of disputes are inevitable, stating that as long as “we have a government that does things, and we have citizens with differing viewpoints, we will have conflict”. Despite the unavoidable nature of conflict, these two professors demonstrated that even when discussing the most contentious of issues, civility is not only possible but allows for the highest level of discussion. While they fundamentally agreed about the importance of religious liberty as an ideal, the substance of their discussion hinged upon their disagreement over the need for and constitutionality of religious exemptions when government funding was involved. Professors Garnett and Tebbe began by sharing their views on Oklahoma Statewide Charter School Board v. Drummond, a recent Supreme Court case considering if a charter school ran by the Catholic Church can receive funding from the state. The professors discussed how this case has significant implications for the “separation of church and state” within the Establishment Clause of the First Amendment. Professor Garnett observed that merely operating a charter school doesn’t make the Church a part of the government, as “Lockheed doesn’t become part of the government by building a jet for the government”. Professor Tebbe presented an interesting counterargument, suggesting that this case is unique, as the proposed school had not yet been established, so if it were to receive state funding at this stage, “Oklahoma would be funding its creation”.

The conversation then shifted from the State Action Doctrine to parental rights and their relationship with religious exemptions. Professor Garnett introduced Mahmoud v. Taylor, a case recently heard by the Supreme Court, about the right of parents to receive notice and to opt their children out of lessons that are contrary to their sincerely held religious beliefs. He then explained that this case demonstrates the ongoing legal debate about both the first amendment and religious liberty broadly. This is because, as Professor Garnett explained, Maryland does not have universal school choice, and as a result, policies denying parents the right to be notified and to exempt their children from such instruction would be coercive.

At the conclusion of this “Cool Talk”, there was a collective sense of intrigue and desire for further talks like this from the audience. This is a sentiment that I share. It was wonderful to hear these professors collegially discuss such a contentious topic, and I know from conversations with my peers that the robust legal framework and understanding of religious liberty and exemptions these scholars provided was the impetus for much research and discussion among the law students at Saint Thomas. The commitment to rigorous academic discourse and level of cordiality between these two professors is exemplary of the standard of the “Hot Topics: Cool Talk” series, and I am very grateful to Murphy Institute for this and all of the programming I have been blessed to be part of throughout my time as a Murphy Scholar. As I look to my future as an attorney, I hope to follow the example of the wonderful scholars featured in this Murphy Institute initiative, and I look forward to attending many more “Hot Topics: Cool Talk” programs in the future.

A recording of this program is available in our video archive.

Caleb Callanan is a Murphy Scholar and 3L at the University of St. Thomas School of Law.