Posted on by Mark Movsesian

Legal Spirits 085: A Short Take on Oral Argument in St. Mary Catholic Parish v. Roy

St. Mary’s Catholic Parish School in Colorado (Becket)

“Why not seek the win/win?” Justice Brett Kavanaugh posed that question to Colorado’s attorney during oral argument last week in St. Mary Catholic Parish v. Roy, a case involving Catholic preschools and the state’s nondiscrimination requirements. With thousands of preschools participating in Colorado’s program, why couldn’t the state accommodate a small number of Catholic schools while protecting the interests of families headed by same-sex couples?

In this Legal Spirits Short Take, Mark Movsesian takes Kavanaugh’s question as a starting point for a broader reflection: Why is compromise so difficult in conflicts between religious freedom and LGBTQ equality? He explores how these disputes implicate deeply held convictions on both sides about identity and dignity—and why even seemingly practical accommodations can prove so elusive. Listen in!

Podcast: Play in new window | Download

Subscribe: RSS

Posted on by Mark Movsesian

Legal Spirits 084: The Death of Religion?

One of the most important trends in American religion in recent decades has been the rise of the “Nones,” Americans who tell pollsters they have no religious affiliation. Some observers see this trend as evidence of the continuing secularization of American society. But is religion really in decline? And how much can surveys tell us about Americans’ religious beliefs and practices?

In this episode of Legal Spirits, Center Director Mark Movsesian interviews historian Thomas Kidd about his provocative new co-authored book, The Death of Religion? Nones, Others, and the Flourishing of Faith. They discuss why conventional surveys may exaggerate religious decline, the surprisingly long history of religious disaffiliation in America—including the eighteenth- and nineteenth-century phenomenon of the “Nothingarians”—and whether Americans’ longstanding suspicion of institutions helps explain the rise of the Nones today. Listen in!

Podcast: Play in new window | Download

Subscribe: RSS

Posted on by Mark Movsesian

Legal Spirits 083: Tradition and the Constitution

Mark welcomes back his friend and former colleague, Professor Marc DeGirolami of the Catholic University of America, for a conversation about Marc’s new book, The Constitution of Practice. Drawing on questions they have discussed and debated for years, Mark and Marc explore the case for constitutional traditionalism, how it differs from originalism, and what the Supreme Court’s turn to “history and tradition” means for the Establishment Clause. Mark presses Marc on some of the harder questions for a traditionalist approach: how to identify the relevant tradition, what to do about bad traditions, and whether in a country as diverse as the United States constitutional law should leave more room for regional and local variation. Listen in!

Podcast: Play in new window | Download

Subscribe: RSS

Posted on by Mark Movsesian

SMU Law Review Symposium on the Establishment Clause

I’m looking forward to participating in this upcoming online symposium the SMU Law Review will sponsor next month: Religion and Government: The Future of the Establishment Clause. Registration link available in the photo above. Friends of the Mattone Center, sign on and say hello!

Posted on by Mark Movsesian

Tenth Edition of the International Moot Court Competition in Law & Religion Announced

Law students take note! The 10th edition of the International Moot Court Competition in Law & Religion will take place from March 10-13, 2027, at the University of Milan Law School. This competition, which the Mattone Center co-sponsors, brings together teams from the US and Europe to argue a case before judges representing the US Supreme Court and the European Court of Human Rights. It’s a fantastic opportunity. Please check the website for the announcement and upcoming posting of this year’s case: https://sites.google.com/view/imcclr/home?pli=1&authuser=0.

Posted on by Mark Movsesian

Mattone Center Fellows for 2026-2027

L-R: Kaliabakos, Derrickson, Lane, and D’Avanzo

Delighted to announce our Mattone Center Student Fellows for 2026-2027: Vincent D’Avanzo ’27, Marc Derrickson ’28, Anastasia Kaliabakos ’27, and Isabel Lane ’27. Fellows help produce the Forum and the Legal Spirits podcast series and assist generally with Center activities. For more about this year’s team, please see our People page.

Posted on by Mark Movsesian

Movsesian at ICLARS

I’ll be in Palermo this week, speaking on a panel at the biennial ICLARS conference. Friends of the Mattone Center, please stop by and say hello! https://www.iclarspalermo2026.org/

Posted on by Mark Movsesian

Legal Spirits 081: Who Chooses the Bishops? Armenia’s Church-State Crisis

Catholicos Karekin II (OC Media)

In this episode of Legal Spirits, Center Director Mark Movsesian speaks with Professor Arman Tatoyan of the American University of Armenia about a controversy involving the Armenian Apostolic Church and the government of Prime Minister Nikol Pashinyan. The dispute centers on a civil-court order requiring the Church to allow a bishop to continue serving as diocesan Primate while he challenged his removal. After the Church defrocked the bishop, authorities brought criminal charges against Catholicos Karekin II and other senior clerics for allegedly defying the order. We discuss the case under Article 9 of the European Convention on Human Rights and the principle of church autonomy, and ask whether even a temporary court order—and the threat of criminal enforcement—can become a serious burden on religious freedom. We also compare the European approach with U.S. church-autonomy doctrine and consider why the controversy matters well beyond Armenia. Listen in!

Podcast: Play in new window | Download

Subscribe: RSS

Posted on by Mark Movsesian

Legal Spirits 080: A Short Take on Religious Objections to New York’s Assisted-Suicide Law

Photo: Becket

In this Legal Spirits Short Take, Center Director Mark Movsesian discusses a new federal lawsuit challenging New York’s Medical Aid in Dying Act. Catholic healthcare providers argue that the state’s statutory regime will require them to counsel patients about medically assisted suicide, even though their religious commitments prohibit them from participating in the practice. New York has not yet responded, and important questions remain about what the law actually requires. Assuming the plaintiffs’ account is correct, Mark considers whether the counseling obligation substantially burdens their religious exercise, whether the law’s different treatment of hospices undermines its general applicability, and whether New York could protect patient access to legal end-of-life options through less restrictive means. Listen in!

Podcast: Play in new window | Download

Subscribe: RSS

Posted on by Mark Movsesian

Legal Spirits 079: A Short Take on Coffee Shops and Political Combat

Poetica Coffee in Brooklyn

In this Legal Spirits Short Take, Mattone Center Director Mark Movsesian discusses the recent controversy involving Congressman Dan Goldman and a Brooklyn coffee shop that reportedly said it would have refused him service because of his support for Israel. Was this illegal discrimination based on religion, or a refusal of service based on politics? What does this episode reveal about public accommodations law, political disagreement, and our penchant for turning ordinary commerce into a space for ideological conflict? Listen in!

Podcast: Play in new window | Download

Subscribe: RSS