As they ponder the state of religious freedom domestically and globally. Tom for but serves as president of the freedom of religious institute, a nonprofit that works to advance religious freedom for everyone. A source of individual Human Dignity and as a source of political stability. Several Advisory Councils including the Human Rights Program at catholic university. In the International Division of defending freedom many published works include world of faith by International Liberty is vital to American National security, published by Oxford University press in 2008. It is a book that is shaped and continues to shape u. S. religious freedom legislation and foreign policy. Judge ken starr has had a distinguished career in academia, the law and public service. He currently serves of counsel to the linear law firm. Having served as president and chancellor of Baylor University and dean at the Pepperdine School of law, judge starr continues to teach law, writes articles of interest and serves regularly as a commentator for various television and radio programs. He serves on the boards of international in the christian legal society. And on the Advisory Board of the client defending freedom. As a constitutional expert and master lawyer, ken has served comic ken has argued 36 cases before the u. S. Supreme court. As u. S. Solicitor general. He served as a district judge for the columbia circuit and counselor chief of staff to u. S. Attorney general William French smith and his law clerk to both chief Justice Warren burger and the fifth circuit judge. As most of you know, he was appointed to serve as independent counsel for five investigations including white water from 1994 many of you know ken through his writing. His author first among equals, the Supreme Court in american life, bear country, the baylor story, contempt memoir of the clinton investigation was a near times bestseller in 2018. And religious liberty in crisis, which was released this past tuesday and which we celebrate this evening. Ken and his wife alice, who was here this evening, great to have you here alice. Now reside along the peaceful banks in waco, texas. Were going to hear from two devoted joints of faith and freedom strengthen our resolve. To defend Americans First freedom. Please join me in welcoming doctor tom pharr and doctor ken starr. Thank you david. See this is all i again here this is on. I cant play what an honor it is to talk about this book i work at the religious Freedom Institute and who could be for religious freedom and not want to read a book religious freedom in crisis, certain agreed the title. We are going to get into what that means tonight. And i would like tool uncommon as much is like to to hear myself speak i would much rather listen to ken starr. I want to set it up by saying why this book should be read by everyone. And lead into some basic principles i see behind the book want to talk about these principles that are undergirding religious freedom with the crisis is and others who are watching and seconded by me too do. To have this wonderful precious right of freedom for it let me begin by giving you two reasons i think you should read this book. It is eminently entertaining. Nope and is the time you heard of anyone say that of a book about constitutional cases. She wrote a terrific review which i will give you if she hasnt seen it, she makes a number of good points. She said this is not a book that is a litany of italicized cases. Those of you who are scholars and people who dive deeply this is not what it is. Since the 1940s rosa kidded brief aside some how uncomprehending kid. I remember these big billboards i didnt know who or worn was and i did not know what impeachment i thought he was a bad man whod done wicked things. And indeed it turns out a lot of people thought that. Its eminently readable by a man whos been there. He has been the lions den of the devil to my second point that is on an apt description of the way he looks at it. But before all of the justices of whom he writes he argued 36 cases i believe before the courts. Because he read about them he was there he argued many of them. He disagreed with him unless the cases. Before i read religious freedom in crisis can recall i have not been a fan of the Supreme Courts role what i have learned from this book this goes to the first question i want to ask you, can you can say by what you want by way of introduction we can get into this. The lemon case you are not a fan. Suffice to say lemon in your book could be made sweeter by what is the other sweetening agent coming stop me and ive not even started. Lol. Its for super scrutiny was, what cases that . [laughter] if you wanted to make a joke and really screw it up. [inaudible] what is the interrogation begin . Even if you know it will be an inside joke. I keep thinking honey, honey. I like honey. That represents the way the First Amendment was written. You exercise a quality we call it. I think it undermined that prayer thats why think lemon should be sweetened. These three great principles were and have been sustained the ones with we agree even more. My point is this guy has been in front of them and that Great American way of debate. The higher laws can cause at the constitution of the United States. This is a love story for religious freedom. Sisters everything i have read beginning with the country its a love story for baylor. The clinton its a love story the clinton book is a love story for the constitution. Finally to the first question, the three great principles beginning with autonomy. Going next to the quality you take this in a sequence you want. And then to accommodation for those are three english words we all know what they mean. With certain constitutional principles and prints of these three great principles using some of the cases that you used to explain what they mean including the ones that you lost or lingo. There werent that many. There is some that you were involved and even they not argue before the court. You want to hear some of that question rick you never ask a followup question. I feel as if president of the creation. Alice, to do is stand up and take about . She is working hard. They are pub date. Its an extraordinary effort working for the publisher. We knew was going to be if not the high watermark. This beautiful and magnificent facility. May they all soon without masks fully vaccinated and i return as worn jean harding we want to say to normalcy. I would also say by way of introduction i been moved to write this book for 40 years. But the pandemic it was time to write this. Because of the need for transmission bird we need to transmit the culture of freedom and the hope of freedom to the rising generosity and at times those of us who have been around a lifes journey track a few times. But also vehicle for transmission. Its a great distress to every friend of freedom this has folks who are dedicated something jump in, autonomy. One of my favorite cases and we have a deep connection here with the leadership, has to do with a school eight Lutheran School called hosanna. His and mount tabor. Hosanna was a Lutheran School, got into a squabble with one of the lay teachers. She had been called taught secular subjects at this Christian School in the midwest. And she suffered from a disease called narcolepsy. I see a number of your suffering symptoms right now please. She would fall asleep at inopportune times. Sometimes judges have that problem. Never one up this man. Its a really disabling feature so voluntarily ready to come back they said no hiring a substitute teacher. They get into a dispute. She threatened to file suit so that is a firing offense looks and she was fired. The eoc takes it all the way up to the Supreme Court of the United States. A number of you in this audience know this case pretty well. The Supreme Court of the United States told the violates the establishment clause in the free exercise clause. A double whammy. We as a beautiful word for lawyers to think about the Supreme Courts, unanimous. Ruth Bader Ginsburg joined that opinion. Sonja joined that opinion by chief justice roberts. Justice alito authored a mighty concurring opinion teasing out this principle of autonomy even more so in a broader sense, broader way than the chief justice opinion did but his opinion was joined by nine to nothing my dear friends. Why . Return but almost the membership not the entire membership. The Supreme Court unanimously in favor in the face of a serious potential violation of civil rights. Its the concurring opinion. The alito concurring opinion ripened and now as of this last summer, the atomic principal was into companion Catholic School cases i thought we would win the forces of liberty would win. I thought it was a very hard case because the Los Angeles Diocese did not require the lay teachers to be catholic. And yet there are certain religious duties that each teacher had. That was sufficient to carry the day seven two majority. That is autonomy. The ability of churches and Church Schools on Church Ministries to say as i put it, hands off caesar. Leaving of the federal government have a very powerful interest as it does in the civil rights laws no you cannot go here. Thou shalt not enter. The enormous victory. Its hard to believe the Reagan Administration was 40 years ago. The generations come the generations go. The chief of staff a Different Institution was sent hither and yon. Was very familiar with the case was known as widmark versus vince lee. A group of students at umkc extracurricular group. You are a religious group. The chess club, you are discriminating against us. Establishment clause requires us to build the jeffersonian high and impregnable. Go somewhere else we love you but go somewhere else. The Supreme Court of the United States was really at the state of meditation. How powerful is the idea when the speech is religious speech and question. What is going on as a form of speech protected by the freedom of speech there is a double whammy even a triple whammy is the preexercise of religion. Its easier for us as a freedom of speech case and using stepped up analysis called strict scrutiny. Dont worry its easy to master, high schoolers. Im saying this is a book for homeschool kids as well as their grandparents. No solidly rooted in the constitution without should not discriminate against religious voice. A few years Later Congress had to step in and pass the equal act of 1964 the equal access act. Why during the Reagan Administration was supported by mcburney the christian legal society, as a predecessor sam erickson a great, great man was among with other leaders. Some perhaps your parents were involved in that effort. To get legislative relief they receive federal assistance, then it will do exactly umkc. If you allow other extra curricular clubs to meet you cannot discriminate against you became a several rights. The Omaha School District of omaha nebraska, a suburban welty School District councilman set equal access act is unconstitutional to violation of the establishment clause. Really quality principal went eight room with John Paul Stevens i dont think congress intended to intrude so deeply into federalism and values the power of scoreboards to make their own decisions and so forth. There you are making excuses for the bad guys. They do keep me honest. That was a great, great powerful tool. And by the way its what i want the book tv. I wanted to be a tool so that when your church is threatened with closure or some other intrusion bites caesar into the religious atomic may or kids are treated in a discriminatory fashion they have the tools to say no. And then, i will be very brief on accommodation. Thats okay were doing good. The great iconic liberal from the worn court, use these words to describe our culture we are religious people whose institutions presuppose a supreme being. That is worth repeating we are religious people whose institutions presuppose basic premed being. Said that in the context of a program in new york, and new york city specifically thats called release time. That School Children and Public Schools in the city of new york could be released on a wednesday afternoon, an hour early. And go to their local church and synagogue, their house of worship for religious training. The challenge the violation of the establishment clause. When douglas and ride the majority opinion use that word, accommodate. You can accommodate the religious views and the culture of our people by allowing this adjustment, this accommodation. Think of accommodation, i think we can combat you here in a restaurant. Or yes, we have available accommodations. This is the constitutional was used time and time again. Think of in god we trust. The knighted States Center was a wonderful man, inspiring man opens with prayer. The religious culture and needs of our people. Lets turn then, what is the crisis, the courts have that its very convincing. Indeed we created the ministerial exception the hosanna tabor case of a ptolemy. The internal order may presume that. But it is not there. Very important as you say its almost foundational. U. S. Court in the world the Obama Administration thought it was doing. An argument against this but there are some technical answers having to do with the americans with disabilities act is so forth. Talk about the crisis, perhaps beginning choose a couple of cases, maybe smith and the coyote case which i think yet you eviscerate that meaning its a limp once you are finished with it. Talk about the courts contribution to the problem and then lets move to the broader issue. Opinion office by Justice Burger set a tripartite test for determining whether an act of the government legislation passed was unconstitutional. In this threepart test, very briefly stated what is the primary purpose for that legislation or executive Branch Action . What is the primary effect, that is test number two. Number three, does the action of the law entangle the government excessively with religious institutions, with the church so to speak. It sounds perfectly reasonable restatement of principles that were already embedded in our law. But in the constitution but in the case law. The problem was theres no limit how the test which is a tool. It is a tool in the toolbox is being used he came into sharper focus in connection with the challenge to legislative. Nebraska is a wonderful state but they sometimes give rise to very interesting religious liberty questions. And a member, the only state that has a single thing with two different bodies is hard. Has a single legislature and had a chaplin goes all the hip to the Supreme Court. Its a violation of the establishment clause its interpreted by leman b kurtzman what was the primary purpose of having a chapel whats up primary effect of having a chapel. What about this committee that is hiring, interviewing candidates for the chaplin, reviewing his or her work, excessive entanglement and so forth. Justice burger upheld based upon another one of the great principles which is, it is vindicated by our history and our tradition. Its a clear violation of art settled doctrine. How does, what i think of lemmon b kurtzman that a lot must have a secular purpose. You did not quite stated that way. Is that an overstatement . Precisely. It cant be i think it is difficult to win a challenge to legislative chaplaincys. The author literally ignored it, not one word. But now lets jump ahead to the 21st century. Case comes bubbling up suburb of Rochester City Council institutes a practice is not practice at all. The town council says in my experience we have prayers to begin the legislative session were going to start doing that. The challenge away to second, this is not legislative plant prayer and legislatures in the congress of the United States but has no Historical Foundation whatsoever. Every member of the court said chambers was rightly decided. Seachange there were no more voices of Justice Brennan justice blackmun, he was gonna rejected. Because Justice Kagan in writing the dissent to the opinion that upheld the town council said it was rightly decided. What was her concern . The concern was really favoritism. There was rather than equality reaching out to different faith communities. The different towns of greece and the environment. They were only christian ministers who were invited to pray. There is a factual squabble about that. Those of you it is not taking that long to drive to maryland in their the corner the rotary. [laughter] is the Bladensburg Cross this and get rid of the crossbred one