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Cross & Gavel Audio

Explore a variety of conversations at the intersection of Faith and Law, with host Mike Schutt, director of the Christian Legal Society's Institute for Christian Legal Studies and Attorney Ministries.
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Now displaying: Category: Religious Liberty
Jul 3, 2020

Kim Colby and Reed Smith of the Center for Law and Religious Freedom unpack the troubling Supreme Court decision in Bostock v. Clayton County, Georgia, handed down June 15. Justice Gorsuch seems to abandon his vaunted "textualism" in favor of a convoluted "literalism" with disastrous results. This is part three of three episodes discussing the important Supreme Court decisions of the last three weeks. 

Between June 15 and June 30, 2020, the US Supreme Court handed down three significant decisions of critical interest to religious conservatives. Colby and Smith join host Mike Schutt to discuss each case. Their conversation is divided into three episodes, one for each case. 

Episode 92 features Kim Colby on Espinoza v. Montana Dept of Revenue, episode 93 focuses on June Medical Services v. Russo with Reed Smith, and episode 94 unpacks Bostock v. Clayton County, GA, a particularly troubling case on the meaning of the word "sex" in Title VII. 

Kim Colby | Christian Legal SocietyReed Smith | Christian Legal Society

Kim Colby is Director of the Christian Legal Society'sCenter for Law and Religious Freedom, and Reed Smith is the Center's Director of Litigation.

Jul 3, 2020

Between June 15 and June 30, 2020, the US Supreme Court handed down three significant decisions of critical interest to religious conservatives. Kim Colby and Reed Smith, attorneys at the Center for Law & Religious Freedom, join host Mike Schutt to discuss each case. Their conversation is divided into three episodes, one for each case. 

Episode 92 features Kim Colby on Espinoza v. Montana Dept of Revenue, episode 93 focuses on June Medical Services v. Russo with Reed Smith, and episode 94 unpacks Bostock v. Clayton County, GA. 

Kim Colby | Christian Legal SocietyReed Smith | Christian Legal Society

Kim Colby is Director of the Christian Legal Society'sCenter for Law and Religious Freedom, and Reed Smith is the Center's Director of Litigation. 

Jul 3, 2020

Between June 15 and June 30, 2020, the US Supreme Court handed down three significant decisions of critical interest to religious conservatives. Kim Colby and Reed Smith, attorneys at the Center for Law & Religious Freedom, join host Mike Schutt to discuss each case. Their conversation is divided into three episodes, one for each case. 

Episode 92 features Kim Colby on Espinoza v. Montana Dept of Revenue, episode 93 focuses on June Medical Services v. Russo with Reed Smith, and episode 94 unpacks Bostock v. Clayton County, GA. 

Kim Colby | Christian Legal SocietyReed Smith | Christian Legal Society

Kim Colby is Director of the Christian Legal Society's Center for Law and Religious Freedom, and Reed Smith is the Center's Director of Litigation. 

Jun 9, 2020

Kim Colby, Director of the Center for Law & Religious Freedom, says that the Supreme Court will decide at least eight important religious freedom cases between now and next June. This term and next are "dream terms," she says, for religious freedom lawyers and court watchers.

In this episode, she highlights five of these cases, beginning with the "church re-opening" case, South Bay United Pentecostal Church v. Newsom, decided on an emergency appeal earlier this month ("I am concerned and disappointed, but not flipping out," she says of Chief Justice Roberts's concurring opinion). From there, she discusses the import of four major cases that have been argued or will be argued later this year:

  • Espinoza v. Montana Department of Revenue. She expects an announcement of the decision any day now, and she predicts a win for religious freedom;
  • Fulton v. City of Philadelphia, "an extremely important case" in which the Center filed an amicus brief;
  • St. James School v. Biel/Our Lady of Guadalupe v. Morrissey-Berru, consolidated and addressing an issue that tests the limits of the unanimous decision in the 2012 Hosanna-Tabor case; 
  • Little Sisters of the Poor v. Azar, featuring the order's third trip to the Supreme Court. 

Kim Colby

It's always a great time when Kim Colby visits Cross & Gavel. She is the director of Christian Legal Society’s Center for Law and Religious Freedom , where she has worked since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United States Supreme Court. She has filed numerous amicus briefs in federal and state courts. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access Act, and teachers’ religious expression.

Visit the Center's website for resources on its first amendment work. 

Cross & Gavel is a production of Trinity Law School and Christian Legal Society. Mike Schutt is director of Law Student Ministries for CLS and Clinical Associate Professor at Trinity. 

Feb 3, 2020

The Department of Education has proposed new regulations that are open for comment by the general public. Two sections of the new regulations are designed to protect religious student groups from being singled out and denied benefits because of their religious identity. 

Kim Colby, Director of the Center for Law and Religious Freedom at Christian Legal Society, summarizes the proposed regs and why they are needed. She also suggests that those who are in support of these regs should take action to comment in support of their final adoption.

Here are the regulations Kim addresses on the podcast:

Proposed regulation 34 CFR § 75.500(d) (§ 76.500(d) is essentially verbatim):

“A public institution shall not deny to a religious student organization at the public institution any right, benefit, or privilege that is otherwise afforded to other student organizations at the public institution (including full access to the facilities of the public institution and official recognition of the organization by the public institution) because of the beliefs, practices, policies, speech, membership standards, or leadership standards of the religious student organization.” 

The Center for Law and Religious Freedom has a guide to the regs and tips on how to comment at CLSReligiousFreedom.org/CampusComments. Here are the basic steps on how to submit a comment on or before February 18:

  1. Go to https://www.regulations.gov/document?D=ED-2019-OPE-0080-0001  (You are at the right place if the title is “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Direct Grant Programs, State-Administered Formula Grant   Programs, Developing Hispanic-Serving Institutions Program, and Strengthening Institutions Program” and the ID No. is ED-2019-OPE-0080-0001.)
  2. In the upper right hand of the page, press “Comment Now.”
  3. Write your comment in the large blank space in the middle of the page (up to 5000 characters).
  1. At the top of your comment, type ID: ED-2019-OPE-0080-0001.
  2. If your comment is a document longer than 5000 characters or you want to include an attachment, type in the blank space, “I support the Department’s proposed regulations 34 CFR § 75.500(d) and § 76.500(d) for the reasons given in the attached comment” and upload the longer document or other attachment below the large blank space.
  3. Fill in your first and last name (or initial). Note that your name will appear on the public website.
  4. Hit “continue” to go to the next page.
  5. Check the small box indicating that you “have read and understand the statement.
  6. Hit “submit comment.”

Cross & Gavel Audio is a cooperative ministry of Christian Legal Society and Trinity Law School. Mike Schutt is director of CLS Law Student Ministries and the Institute for Christian Legal Studies. He is a Clinical Associate Professor at Trinity Law. 

Jun 6, 2018

This week, the Supreme Court of the United States decided Masterpiece Cakeshop v. Colorado Civil Rights Commission, holding that the Commission's "clear and impermissible hostility toward" religious beliefs violated the First Amendment of the US Constitution. Already, commentators dispute the breadth and lasting import of the Court's 7-2 holding on narrow legal grounds. 

In this episode, Mike Schutt talks with Kim Colby about these questions. Kim is Director of Christian Legal Society's Center for Law & Religious Freedom, an expert in First Amendment law and a long-time friend of religious freedom. 

Listen in as the discuss what the case held, why, and what the holding may mean for future cases. Also learn what Constitutional lawyers mean by GVR

Kim Colby is the director of Christian Legal Society’s Center for Law and Religious Freedom , where she has worked since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United
States Supreme Court. She has filed numerous amicus briefs in federal and state courts. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access 

 

Kim ColbyAct, and teachers’ religious expression.

Visit the Center's website for resources on its first amendment work. 

Cross & Gavel is a production of Regent University School of Law and Christian Legal Society. 

Dec 14, 2017

One of the biggest free speech and religious liberty cases in decades, Masterpiece Cakeshop v. Colorado Civil Rights Commission was argued before the Supreme Court of the United States on December 5. On December 6, Cross & Gavel host Mike Schutt recorded this conversation with religious liberty attorney Kim Colby, who sat in on the argument. Kim gives a short background of the case, shares her observations, and discusses the important issues raised by the attorneys and justices. 

Jack Phillips, owner of Masterpiece Cakeshop in Denver, did not deny service to homosexuals, as is sometimes reported. Jack served anyone who came into his shop to buy his ready-made cakes and cookies. Yet when he was asked to use his artistic talents to design a custom cake for a same-sex wedding ceremony, he politely declined. Jack declines to bake custom cakes for Halloween celebrations or divorce parties as well. He simply does not provide his artistic voice in support of things with which he fundamentally disagrees. 

Is this unlawful discrimination, or is this his right as a shop owner with religious convictions? 

Listen to Kim and Mike discuss the issues and the interesting questions asked by the justices during oral argument. 

Read the transcript of the argument here

Read the CLS Brief in support of Jack Phillips here

Kim Colby is the director of Christian Legal Society’s Center for Law and Religious Freedom , where she has worked since graduating from Harvard Law School in 1981. She has represented religious groups in several appellate cases, including two cases heard by the United States Supreme Court. She has filed numerous amicus briefs in federal and state courts. In 1984, she assisted in congressional passage of the Equal Access Act, 20 U.S.C. § 4071, et seq., which protects the right of secondary school students to meet for prayer and Bible study on campus. Ms. Colby has prepared several CLS publications addressing issues about religious expression in public schools, including released time programs, implementation of the Equal Access Act, and teachers’ religious expression.

Kim graduated summa cum laude from the University of Illinois with a major in American History and a particular interest in slavery in colonial North America.

Cross and Gavel is a project of Regent University School of Law and Christian Legal Society. We value your comments. And if you enjoy the show, please rate us on iTunes.  

Jun 27, 2016
Episode 53: Kim Colby on Why Religious Liberty is Good for the World

Kim Colby, Director of the Center for Law and Religious Freedom, is Mike Schutt's guest on this episode of Cross & Gavel. Kim and Mike discuss why religious liberty is a hot topic, what's up with the Religious Freedom Restoration Act (RFFA), and whether religious liberty is simply a license to discriminate. 

Kim Colby has been involved in religious freedom advocacy for more than 30 years and is one of the most thoughtful voices on the topic in the country. 

More resources referred to in the podcast:

Michael McConnell, Why Protect Religious Freedom? (Review of Brian Leiter's Why Tolerate Religion?)

Religious Liberty News from the Christian Legal Society

Mike Schutt is the Director of CLS's Law Student Ministries and Attorney Ministries. He'll be re-joining the faculty of Regent University School of Law this week. Regent and CLS are founders of the Institute for Christian Legal Studies, the sponsor of Cross & Gavel Audio.

Jun 23, 2015

Many are confused by the hype and hysteria surrounding RFRA -- the Religous Freedom Restoration Act, passed unanimously on the Federal level and signed into law by Bill Clinton. Why the hysteria over a similar act passed this year in Indiana? Why do both state AND federal RFRAs exist? And what is RLUIPA?

Kim Colby, who has been involved in religious liberty work for close to 35 years, answers these questions and more in our discussion.

Kimberllee Wood Colby is Senior Counsel and the Christian Legal Society's Center for Law and Religious Freedom. 

Mike Schutt is CLS's director of the Institute for Christian Legal Studies and a visiting professor at Trinity Law School in Santa Ana, California.

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