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Legal Spirits 071: Jefferson, Wine, and the Wall of Separation

Thomas Jefferson’s 1802 letter to the Danbury Baptists—better known for its reference to a “wall of separation” between church and state—was little remembered until Chief Justice Morrison Waite revived it in Reynolds v. United States (1879). With the help of historian George Bancroft, Waite transformed Jefferson’s passing metaphor into a constitutional principle, despite Jefferson’s limited role in drafting the First Amendment. In this episode of Legal Spirits, historians Don and Lisa Drakeman join Center Director Mark Movsesian to explore how Jefferson’s words, and even his passion for French wine, helped shape the Court’s Religion Clause jurisprudence—and to consider what lessons today’s Justices should draw about the risks of using history in constitutional interpretation. Listen in!

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Around the Web

Here are some important law-and-religion news stories from around the web:

  • In Leach v. Gateway Church, a federal district court in Texas refused to dismiss a case alleging misappropriation of tithed funds.  
  • In Detwiler v. Mid-Columbia Medical Center, the 9th Circuit upheld a district court’s dismissal of a Title VII suit wherein the plaintiff rejected a religious accommodation to the Covid vaccine because of a mandatory antigen testing requirement.   
  • Yet another lawsuit was filed in Texas seeking an injunction in school districts that are being made to comply with a Texas statute, which requires public school classrooms to display the Ten Commandments.
  • In American Marriage Ministries v. Collins, an organization that ordains ministers online sued Tennessee officials over a law that says those who receive online ordination may not solemnize marriages. 
  • In Truth Family Bible Church Middleton v. Idaho Housing and Finance Association, a district court held that the plaintiff’s First Amendment rights were violated by the termination of their lease of a school gym because it was to be used for Sunday Services. 

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Around the Web

Here are some important law-and-religion news stories from around the web:

  • Texas House Bill 7 allows private citizens to sue anyone involved in the manufacture, distribution, or mailing of abortion pills into or out of the state, with a minimum of $100,000 in damages per violation. The law is intended to enforce the state’s abortion restrictions.
  • Mid Vermont Christian School successfully challenged the state’s exclusion of the school from state sports and tuition programs. The school argued that the state had targeted the school because of its religious beliefs about gender identity.
  • A pastor and deacon are suing a Tennessee sheriff and deputies for attempting to force their removal during a church service, claiming the actions violated the church’s autonomy.
  • A federal court dismissed a lawsuit against the Southern Baptist Convention’s North American Mission Board, reaffirming that courts cannot intervene in internal church governance matters. The case involved disputes over missionary selection, funding, and associational decisions protected by the First Amendment.
  • The Southern Baptist Convention’s Ethics and Religious Liberty Commission has left the Evangelical Immigration Table to pursue an independent approach to immigration-related work, while the coalition continues its advocacy.
  • Easton, Pennsylvania, and Rock Church reached a settlement in an eminent domain dispute, with the city paying $350,000 to acquire and restore the historic Hooper House.
  • Christians in Gaza are refusing to evacuate their churches despite Israeli orders and growing fears of further attacks.

Posted on by L&R Forum

Around the Web

Here are some important law-and-religion news stories from around the web:

  • Catholic leaders have criticized Trump’s immigration policies, arguing they infringe upon the religious liberties of migrants. 
  • At an event at the Museum of the Bible in Washington, Trump announced that the Department of Education will issue new guidelines safeguarding students’ right to pray in public schools.  
  • The US 9th Circuit upheld California’s requirement that home-based charter school programs use only secular educational materials.   
  • The Ukranian government has announced that it may ban an Orthodox Church that has refused to sever ties with Moscow amid ongoing tensions with Russia.  
  • In Morocco, a feminist activist was sentenced to prison for blasphemy after wearing a T-shirt bearing slogans against violence towards women.   

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Mattone Center for Law and Religion Welcomes 2025-2026 Student Fellows

Each year, the Denise ’90 and Michael ’91 Mattone Center for Law and Religion selects student fellows who contribute to the Center’s mission of providing an unrivaled forum for exploring law and religion from domestic, international, and comparative perspectives.

This year’s fellows are Vincent D’Avanzo ’27, Anastasia Kaliabakos ‘27, Isabel Lane ’27, and returning fellow Kalina Mesrobian ’26. They look forward to playing an active role in the Center’s offerings. Among other responsibilities, they will contribute to the Center’s blog, the Law and Religion Forum, where their weekly “Around the Web” posts will cover timely church-and-state issues. They will also edit episodes of the Legal Spirits podcast and manage the Center’s social media presence.

For further details about the Center and its newest fellows, visit the St. John’s University website.

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Around the Web

Here are some important law-and-religion news stories from around the web:

  • The 9th Circuit rejected claims that a fire department in Washington State violated Title VII and state law when they refused to accommodate employees’ request for religious exemptions from the state’s Covid vaccine mandate for all healthcare providers.
  • The 6th Circuit affirmed the dismissal of claims that an Ohio school’s policy on the use of communal bathrooms by transgender students violated the free exercise rights of Muslim and Christian students and parents.
  • Two families field suit in a Massachusetts federal district court challenging a policy of the Massachusetts Department of Children and Families that would require foster parents to agree to “support, respect, and affirm the foster child’s sexual orientation, gender identity, and gender expression.” The families assert that the policy unconstitutionally forces them to “speak against their core religious beliefs,” regulates speech based on content and viewpoint, and is discriminatory towards religious persons.
  • A California federal district court granted summary judgment to a Jehovah’s Witness who wished to attach an Addendum to the oath she was required to take as an employee of the State Controller’s Office, as she believed the oath, as currently written, violated her religious beliefs.
  • A New Mexico federal district court held that two members of a healthcare sharing ministry have standing to challenge an order barring them from operating in the state on free exercise grounds.
  • Senate Bill 11, passed by the Texas legislature in May 2025, establishes a structure that school districts may adopt to provide a daily prayer service and reading of the Bible/other religious text in school with parental consent. The bill took effect on September 1st, and Texas AG Ken Paxton promptly issued a press release in which he “encourages children to begin with the Lord’s Prayer[.]”
  • Following the tragic shooting at Annunciation Catholic Church in Minneapolis, Jason Adkins, the executive director of the Minnesota Catholic Conference, appeared on “EWTN News In Depth,” where he called out state lawmakers for ignoring the pleas of Minnesota Catholic leaders for security funding for local nonpublic schools.

Posted on by Mark Movsesian

New Mattone Center Video: Everson v. Board of Education

The Mattone Center has posted a new video on our YouTube channel about Everson v. Board of Education (1947), one of the Supreme Court’s landmark Establishment Clause cases. In Everson, the Court upheld a New Jersey program that reimbursed parents for transportation costs to parochial as well as public schools. Justice Black’s majority opinion famously explores several arguments about the meaning of the Establishment Clause and has influenced the Court’s jurisprudence ever since.

In our new video, we explain the facts of the case, the Court’s reasoning, and why Everson remains such a touchstone in the law of church and state.

We hope you’ll take a look—and please consider subscribing to the Center’s channel for more explainers on law-and-religion cases and issues.

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Legal Spirits 070: Religion & Realism: The New US Role in Armenia

Map: The Conversation

In Episode 70 of Legal Spirits, Center Director Mark Movsesian speaks with Dan Harre, Deputy Director of Save Armenia, about a significant—and controversial—draft agreement between Armenia and Azerbaijan. Brokered last month at the White House, the terms reflect a major realignment in the region: Armenia relinquishes any claim to Nagorno Karabakh, Azerbaijan backs off earlier demands for extraterritorial control, and the United States gains a 99-year lease on a key new transit route.

The episode explores how U.S. foreign policy, Christian advocacy, and strategic infrastructure intersect in the South Caucasus. Dan offers a perspective from within the U.S. advocacy world—one shaped by a broader movement to defend Christian communities in places like Iraq and Syria. The episode also considers how groups like Save Armenia navigate diplomatic tensions between Armenia and Israel, and how this moment relates to past decisions about American involvement in Armenian affairs, including the post-WWI mandate the U.S. ultimately declined.

What role did American Christian organizations play in this deal? What’s in it for the United States? And is this a turning point in Armenia’s future? Listen in!

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Around the Web

Here are some important law-and-religion news stories from around the web:

  • A federal district judge ruled in Loe v. Jett that colleges that require students to sign statements of faith cannot be excluded from a state funding program. 
  • The Department of Health and Human Services is exerting more pressure on the state of West Virginia to recognize religious exemptions regarding the state public school system’s vaccine requirements. 
  • In Miller v. Civil Rights Division, a petition for certiorari was filed in the case regarding California’s anti-discrimination provisions. 
  • A teacher at a Connecticut school remains suspended from teaching for refusing to hide her crucifix in the classroom, sparking a legal battle. 
  • In New Jersey, a town has abandoned construction plans, which would have required seizing church property through eminent domain.