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b'On November 14, 2019, the Federalist Society\'s Religious Liberty Practice Group held a panel for the 2019 National Lawyers Convention at the Mayflower Hotel in Washington, DC. The panelists discussed "The Future of the Establishment Clause in the Roberts Court".
This panel will address the meaning of the American Legion v. American Humanist Association decision regarding the Bladensburg Peace Cross and where the Court is headed next. Has Lemon been completely or at least partially overruled? And if so, what do we anticipate the guiding principle will be going forward in Establishment Clause cases? This question has particular salience in light of the Court’s upcoming case regarding funding for religious schools in Espinoza v. Montana Department of Revenue. Finally, to what extent do we think the Court will, or should, interpret the Establishment Clause to place strict limits on government’s ability to protect religious exercise that causes harm to third parties, including dignitary harms? Such a question may be relevant to pending cert petitions, including in Fulton v. City of Philadelphia, a case dealing with a faith-based adoption agency’s inability to certify same-sex couples for foster care.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.
Featuring:

Prof. Stephanie H. Barclay, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University
Mr. Luke Goodrich, Vice President and Senior Counsel, Becket and Adjunct Professor, S. J. Quinney College of Law, University of Utah
Prof. Micah J. Schwartzman, Hardy Cross Dillard Professor of Law; Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law; Director, Karsh Center for Law and Democracy, University of Virginia School of Law
Prof. William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law
Moderator: Hon. Carlos Bea, United States Court of Appeals, Ninth Circuit
Introduction: Mr. William L. Saunders, Professor - Human Rights, Religious Liberty, Bioethics, Catholic University of America'