The Administrative State and Religious Freedom

Published on Nov 18, 2017

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At both the federal and state levels, bureaucrats wield power to make decisions that substantially impact the exercise of religion. From interpreting and enforcing public accommodations laws to administering vast regulatory regimes and deciding how all of these laws interact with RFRAs, agencies headed by political appointees are often charged with determining --- at least in the first instance --- the extent to which generally applicable law will impinge on religious freedom. Who will be required to provide contraceptive coverage; how will religious accommodations be extended, and to whom? Must bakers and photographers with religious objections service gay weddings? Must doctors perform surgeries on patients that violate their faith and medical judgment? Even without a change in legislation, the answers to such questions often flip after new administrations appoint new agency heads. This panel will discuss whether the administrative state places religious freedom in too precarious a position, and if so, what can and should be done about it.

--Prof. William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina School of Law

--Mr. Mark L. Rienzi, Senior Counsel, The Becket Fund for Religious Liberty and Professor of Law, Columbus School of Law, The Catholic University of America

--Ms. Melissa Rogers, Nonresident Senior Fellow in Governance Studies, The Brookings Institute

--Mr. Roger Severino, Director, Office for Civil Rights, United States Department of Health and Human Services

--Moderator: Hon. Diarmuid O'Scannlain, United States Court of Appeals, Ninth Circuit