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First Liberty Briefing

First Liberty Briefing is an exclusive podcast hosted by First Liberty Institute’s Deputy General Counsel Jeremy Dys. In about 90-seconds, once a week, Jeremy recalls the stories that have shaped America’s religious liberty, from the founding era to current legal battles and more. It’s an insider’s look at the stories, cases, people, and laws that have made America the world’s leader in protecting religious liberty.
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Mar 9, 2020

Judge Thomas Griffith’s ruling in Duquesne University of the Holy Spirit v. NLRB is a great example of what the Establishment Clause is supposed to do, limit the role of government in the affairs of religious groups. Learn more at FirstLiberty.org/Briefing.


The reach of the First Amendment is extensive in securing the religious liberty of individuals and organizations, including colleges and universities. 

Recently, the United States Court of Appeals for the District of Columbia Circuit issued its decision in Duquesne University of the Holy Spirit v. NLRB.  When Duquesne, a Catholic university, refused to bargain with a group of adjunct faculty seeking to unionize, the National Labor Relations Board stepped in, recommending that the union be certified. But, the D.C. Circuit Court rejected the NLRB’s jurisdiction over the Catholic university. 

Judge Thomas Griffith, authoring the opinion, notes that our Constitution restrains government agencies from excessive involvement with religious organizations. “The Establishment Clause,” he writes “limits governmental involvement in the affairs of religious groups, and the Free Exercise Clause safeguards the freedom to practice religion, whether as an individual or as part of a group.”

That is critical, he said, because it means religious institutions retain the independence required to pursue religious activity, inculcate its religious identity, and teach according to its religious tradition. After all, the Constitution is meant to restrain government, not empower its creep into every aspect of our lives.

The importance of this decision cannot be understated. Its immediate impact should be welcomed by religious colleges and universities around the country. Furthering the autonomy of religious institutions to be unapologetically religious and free from government intrusion is an unambiguous goal of the First Amendment.

To learn how First Liberty is protecting religious liberty for all Americans, visit FirstLiberty.org.

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