Explorez tous les épisodes du podcast The Napa Legal Podcast
| Titre | Date | Durée | |
|---|---|---|---|
| The Biggest Religious Liberty Term Since 2022? | 27 Oct 2026 | 00:46:11 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this special episode, recorded at the Good Counselor Project capstone retreat, Frank DeVito sits down with John Bursch, Vice President for Appellate Advocacy at Alliance Defending Freedom, to preview what could be the biggest religious liberty term at the Supreme Court since 2022. They cover three cases the Court has agreed to hear. In St. Mary Catholic Parish v. Roy, Colorado excluded Catholic preschools from its universal preschool program because of their beliefs about human sexuality. In Daniel Grant’s case, an Ohio city told an Orthodox Jewish man he needed a zoning permit to host Sabbath prayer in his own home. And in International Partners for Ethical Care, the Ninth Circuit ruled that parents lacked standing to challenge a Washington law requiring youth shelters to help runaway minors obtain gender transition treatment in secret. Frank and John also highlight cases still awaiting Supreme Court action, from the Olympus Spa case to a Washington wrestler forced to compete against a male opponent, and close with Union Gospel Mission of Yakima and the threat state employment laws pose to religious organizations that hire according to their faith. Chapter markers 0:00 Intro 0:52 Guest John Bursch of Alliance Defending Freedom 1:15 Watershed years: Kennedy v. Bremerton and Carson v. Makin 1:50 Why cultural conflicts end up at the Supreme Court, and religious liberty’s winning streak 2:45 St. Mary v. Roy: Colorado’s universal preschool program 3:58 Discrimination rules as a workaround to Carson v. Makin 5:18 The Court declines to revisit Employment Division v. Smith 6:59 The broad theory: applying the Carson line of cases 8:14 The narrow theory: secular exceptions under Tandon and Fulton 9:51 What exclusion means for Catholic families 10:39 Daniel Grant’s case: a permit to pray in your own home 13:03 The Williamson County ripeness doctrine in the Sixth Circuit 14:27 How local zoning laws burden people of faith 14:56 ADF and Orrick partner on the case 16:38 The Cleveland Browns comparison and man-on-the-street interviews 17:57 Lisa Blatt versus Josh Rosenkranz at oral argument 18:29 International Partners for Ethical Care: Washington’s shelter secrecy law 19:35 Mirabelli and the Ninth Circuit’s standing holding 22:01 Pending petitions: the Olympus Spa case 24:37 Obergefell and how language distorts the discrimination debate 26:33 Polk: a Virginia teacher, pronouns, and parental notice 28:13 Challenging Locke v. Davey 29:43 Perry: a vaccine exemption for a virtual school student 31:25 The Fourth Circuit’s first-of-its-kind holding on Tandon comparators 32:38 A Washington wrestler’s emergency application 35:06 Why combat sports make the stakes clearest 35:44 Minnesota softball and Connecticut track 37:11 Why the fight over women’s sports isn’t over in blue states 37:44 Union Gospel Mission of Yakima at the en banc Ninth Circuit 39:13 The ministerial exception versus the co-religionist doctrine 39:59 A messy en banc argument 40:55 Employment laws without religious exemptions: Washington, Michigan, and the Fourth Circuit 42:37 Why this matters for organizations like Napa Legal 44:04 Michigan’s law protecting abortion history in hiring 45:07 Wrap-up Lawyers: applications for the Good Counselor Project, Napa Legal’s fellowship for Christian attorneys, are open until December 1. Learn more at https://www.napalegalinstitute.org/ For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/ The Napa Legal Podcast, October 27, 2026 | |||
| Police Remove Evangelist from Holiday Festival | 21 Oct 2026 | 00:34:36 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week’s episode, Frank DeVito and Kyle Nazareth cover three stories. First, a surprising amicus brief from professors affiliated with the Notre Dame Religious Liberty Clinic. The brief supports the ACLU-led petition asking the Supreme Court to reverse the en banc Fifth Circuit’s decision in Nathan v. Alamo Heights, which upheld Texas’s law requiring the Ten Commandments in every public school classroom. Second, a Christian man who was escorted out of the Winter Haven Festival of Lights in Tucson, Arizona, and threatened with arrest for quietly asking attendees if they wanted to talk about Jesus. Police told him this counted as prohibited “sermonizing,” and he is now suing the city with First Liberty Institute. Third, a federal bankruptcy court’s rejection of the Diocese of Oakland’s reorganization plan, and the diocese’s novel argument that pressuring it to sell more churches to pay creditors raises a church autonomy problem. Chapter markers 0:00 Intro Lawyers: applications for the Good Counselor Project, Napa Legal’s fellowship for Christian attorneys, are open until December 1. Learn more at https://www.napalegalinstitute.org/ For more about Napa Legal and our work, visit our website here: For more of the Napa Legal Podcast, visit our site here: The Napa Legal Podcast, October 20, 2026 #religiousliberty #freespeech #freedomofreligion | |||
| Did Virginia State University Target Christian Students? | 12 Oct 2026 | 00:35:34 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week’s episode, Frank DeVito is joined by Alexa Kowalewski, a recent graduate of Notre Dame Law School. They cover three stories. First, a North Carolina town that is using its zoning code to evict a small church from a rented event space where theaters, wedding venues, and bars are all permitted. Second, a lawsuit by two Christian student groups at Virginia State University, which stripped Christian organizations of their independent status, placed them under a single campus minister, and exempted Muslim and other non-Christian groups. Third, an update on California’s lawsuit against Heartbeat International, in which the state is seeking more than $20 million in penalties and a gag order that would bar pro-life pregnancy centers from even telling women about abortion pill reversal. Chapter markers 0:00 Intro 1:50 A North Carolina town tells a church to stop meeting 3:25 First Liberty responds to the demand letter 4:51 RLUIPA land use fights and the Missionaries of St. John the Baptist case 5:48 Why the ordinance isn’t neutral or generally applicable under Employment Division v. Smith 7:41 RLUIPA’s equal terms problem: only 2 of 14 zoning districts allow churches 8:35 Why local zoning fights must be fought early 9:55 Alexa: describe the same facts without the word “church” 12:41 Virginia State University’s new campus ministry policy 13:38 Christian groups lose their registered student organization status 15:34 The exemption for Muslim and non-Christian groups 17:01 The campus minister’s explanation and the end of Sunday church shuttles 18:08 Frank: campus ministries versus more orthodox outside groups 20:05 Establishment Clause or Free Exercise? Lemon, Kennedy, and the better claim 21:30 Heartbeat International and the Abortion Pill Rescue Network 23:22 New Beginnings: abortion pill reversal in rural Arkansas 25:46 California seeks $20 million and a gag order 27:07 How abortion pill reversal works 28:32 Why consumer protection law doesn’t fit nonprofits 29:28 Progesterone versus mifepristone safety 31:20 The chilling effect on pregnancy centers and the Thomas More Society’s defense 32:53 Alexa: the pro-choice movement’s limits on choice 34:42 Wrap-up Lawyers: applications for the Good Counselor Project, Napa Legal’s fellowship for Christian attorneys, are open until December 1. Learn more at https://www.napalegalinstitute.org/ For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/th... The Napa Legal Podcast, October 13, 2026 #religiousliberty #prolife #freedomofreligion | |||
| School Threatens Kids Over Teacher's Pronouns | 05 Oct 2026 | 00:41:58 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss a North Carolina elementary school that refused to let Christian parents opt their children out of a music class taught by a male teacher who identifies as a woman; the Ninth Circuit's full-court rehearing of Union Gospel Mission of Yakima v. Brown, a case asking whether Christian ministries can require all employees, not just ministers, to share their faith; and the Supreme Court's decision to hear Missionaries of St. John the Baptist v. Frederick, a Kentucky case over a zoning board blocking a Marian grotto on church property, in which Napa Legal filed an amicus brief urging the Court to take the case. Lawyers: applications for the Good Counselor Project, Napa Legal's fellowship for Christian attorneys, are open until December 1. Learn more at https://www.napalegalinstitute.org/ For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, October 6, 2026 #religiousliberty #parentalrights #freedomofreligion | |||
| Is Dearborn Favoring Islam? The Lawsuit Explained | 29 Sep 2026 | 00:37:25 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss Senator Josh Hawley's new Declaration for Life and his bill to ban the abortion pill mifepristone; a lawsuit by Catholic journalist Margot Cleveland accusing the city of Dearborn, Michigan, of favoring Islam over Christianity and Judaism; and oral arguments before the Indiana Supreme Court in Hoosier Jews for Choice, a case claiming that abortion is a protected religious exercise. In this episode, we discuss: [1:26] Senator Hawley's Declaration for Life, unveiled at the inaugural Missouri Prayer Breakfast, and his Safeguarding Women from Chemical Abortion Act, which would ban the sale and shipment of mifepristone. Frank explains why the bill focuses on harm to women rather than harm to the unborn child. [10:45] Cleveland v. City of Dearborn, in which a Dearborn resident alleges the city spent public funds on Ramadan banners and displays while ignoring her requests for comparable recognition of Christmas, Easter, and the Jewish High Holy Days. Kyle walks through the complaint's free speech retaliation and Establishment Clause claims. [24:06] Hoosier Jews for Choice v. Indiana, in which Jewish, Muslim, and other plaintiffs argue that Indiana's abortion law violates their rights under the state's Religious Freedom Restoration Act. Frank explains why the Indiana Supreme Court may decide the case on standing, and why neither the original meaning of "religion" nor strict scrutiny supports a religious right to end an unborn life. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, September 29, 2026 #religiousliberty #freedomofreligion #prolife | |||
| State vs. Family: MA Takes a Daughter Over Gender Ideology | 21 Sep 2026 | 00:44:07 | |
Welcome to the Napa Legal Podcast, where we discussreligious liberty from the perspective of faith-based nonprofits.
In this week's episode, Frank DeVito and Kyle Nazarethdiscuss Bishop Michael Burbidge of Arlington's letter, read at every Mass inhis diocese, urging Catholics to vote no on Virginia's proposed abortion andmarriage amendments; a federal injunction protecting Cardinal Blase Cupich, theArchdiocese of Chicago, and two orders of Catholic sisters from Illinois'sassisted suicide referral mandate; and a Massachusetts case in which Catholicparents allege the state took custody of their 15-year-old daughter after theyrefused, on religious grounds, to affirm her as a boy.
In this episode, we discuss:
[1:00] Bishop Burbidge's letter urging Catholics to vote noon two Virginia ballot amendments this November, one expanding abortion accessand one redefining marriage. Frank uses the letter as a chance to walk throughwhat Section 501(c)(3) of the Internal Revenue Code.
[13:06] Carmelite Sisters for the Aged and Infirm v.Pritzker, in which a federal judge temporarily barred Illinois from enforcingits End of Life Options Act against the Archdiocese of Chicago and the sisters.Kyle walks through the Becket Fund's church autonomy argument and the Catholicmoral theology at the heart of the complaint.
[30:18] The Massachusetts family who say the Department ofChildren and Families removed their daughter from their home two years agoafter a school counselor reported them for objecting to her social transition.Drawing on his experience as a solicitor for a children and youth agency, Frankexplains how Mirabelli v. Bonta, the Supreme Court's decision on secret schoolgender transitions, bears on the case.
For more about Napa Legal and our work, visit our websitehere: https://www.napalegalinstitute.org/
For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcast
The Napa Legal Podcast, September 22, 2026
#freedomofreligion #religiousliberty #parentalrights | |||
| Prayer by Permission: Zoning, Schools, and the Shrinking Religious Sphere | 15 Sep 2026 | 00:44:21 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss a Washington State father who sued his son's school district after his fourth grader sat through a Pride Month lesson on gender reassignment surgery with no notice and no chance to opt out; the Becket Fund's amicus brief in Grand v. City of University Heights, the Supreme Court case of an Orthodox Jewish man told he could not gather ten men to pray in his own living room without a zoning permit; and the New Jersey Catholic Conference's guidance to Catholics following the state's sweeping new abortion law. In this episode, we discuss: [1:05] A new lawsuit against the Lake Washington School District in Washington State. Frank explains why this case is one of the first real tests of Mahmoud v. Taylor, the Supreme Court decision holding that parents are constitutionally entitled to notice and an opt-out when a curricular feature substantially interferes with the religious development of a child, and why the fight over whether a lesson is merely descriptive or actually normative is the wrong place for courts to draw the line. [12:40] The Becket Fund for Religious Liberty's amicus brief in Grand v. City of University Heights, which the Supreme Court will hear this December. Kyle walks through Becket's argument that importing the finality rule from Williamson County Regional Planning Commission v. Hamilton Bank, a Fifth Amendment takings case, into religious land use litigation hands local governments a playbook for postponing federal review indefinitely, and Becket's comparison of religious claimants trapped in zoning proceedings to the souls in Dante's Purgatory, only without the assurance of a happy ending. [32:28] New Jersey's newly signed law expanding abortion access, which criminalizes interference with abortion and shields providers from losing their medical licenses or their malpractice insurance for performing what the statute calls reproductive health care. Frank and Kyle look at the New Jersey Catholic Conference's guidance on how Catholics should continue praying and offering literature outside abortion facilities. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, September 15, 2026 #freedomofreligion #religiousliberty #freeexercise | |||
| States Rush to Lock In Abortion After Dobbs | Guest: Clare Ath | 11 Sep 2026 | 00:36:09 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this guest episode, Napa Legal's Senior Counsel Frank DeVito is joined by Clare Anne Ath, co-founder and president of Vita et Terra, a Catholic apostolate launched this year to advocate for care for creation. Join them for a discussion of three recent developments in state abortion law. Together they examine what these laws mean for parental consent, for sidewalk counselors and pro-life advocates, and for the free speech and free exercise protections that faith-based organizations depend on. In this episode, we discuss: 0:00 Introduction 0:45 Clare's background and the launch of Vita et Terra 2:12 Why care for creation has been ceded to the political left 3:03 People as stewards, not problems 4:26 Building Catholic formation materials on creation care 5:09 Turning to the life issue 6:14 Massachusetts signs abortion without limits into law 6:33 "An Act Prioritizing Patient Access to Care" and the language of abortion policy 7:29 What third-trimester abortion actually involves 8:32 Why blue states are pushing further after Dobbs 9:45 Ten states and Washington, DC with no restrictions at all 10:31 Abortion pills in the mail and the Comstock Act 12:29 A Catholic governor and the question of scandal 13:03 Abolitionist and incrementalist approaches to ending abortion 16:17 Why the United States has no reliable abortion reporting data 17:58 Virginia's ballot amendment this November 18:34 How "every individual" would erase parental consent 20:18 A 17-year-old, a bus to New Jersey, and a call to her mother 22:41 Chemical abortion risks and what parents are not told 24:55 Abortion inside the Church 25:50 New Jersey criminalizes "interference" with abortion 26:36 The FACE Act and the prosecution of sidewalk counselors 29:28 Buffer zones, the First Amendment, and the comparison to the UK 33:29 Defunding Planned Parenthood 35:10 Conclusion Learn more about Clare's work at https://www.vitaetterra.org/ and follow her on X at @clareanneath For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/th... | |||
| Trump DOJ Report: Biden's FBI Targeted Traditional Catholics | 09 Sep 2026 | 00:42:28 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss a new DOJ report showing that FBI work on the rescinded Richmond memo continued after headquarters ordered it stopped, including surveillance of two Catholic priests; Johnson v. Fleming, a petition asking the Supreme Court to revisit Locke v. Davey after Virginia denied tuition grants to Liberty University students whose degrees were deemed too religious; and a Minnesota county whose online-only permitting process left Amish residents facing fines and arrest warrants. In this episode, we discuss: [1:45] The continuing saga of the FBI's 2023 Richmond memo, which tied traditionalist Catholics to violent extremism and pointed agents toward SPLC-designated "hate groups." [16:05] Johnson v. Fleming, now on a petition to the Supreme Court. Two Liberty University undergraduates pursuing degrees in pastoral leadership and in music and worship challenge Virginia's tuition assistance grant program, which excludes religious training and theological education, while a master of divinity student headed for military chaplaincy challenges the National Guard's tuition program, which excludes theological degrees outright. [33:45] A Minnesota county moved its zoning and permitting applications entirely online, leaving the Amish, who do not use the internet, with no way to apply, and then piled on civil fines, arrest warrants, and reportedly jail. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, September 9, 2026 #freedomofreligion #religiousliberty #freeexercise | |||
| Dobbs Said No Right to Abortion. This Judge Made One. | 01 Sep 2026 | 00:46:58 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss an Idaho district court finding a narrow but fundamental Fourteenth Amendment right to abortion three years after Dobbs, Becket's new lawsuit against SUNY Broome Community College on behalf of InterVarsity Christian Fellowship, and a Philadelphia school "quiet room" that allegedly became a Muslim prayer space where non-Muslim students were disciplined for entering. In this episode, we discuss: [2:18] Seyb v. Members of the Idaho Board of Medicine, now before the Ninth Circuit. Frank traces how the court gets there, from nineteenth-century mens rea requirements and life-of-the-mother exceptions to the claim that these show a fundamental limit on legislative power, and argues the leap is the whole error: a legislature declining to criminalize something is not a court recognizing a right it cannot touch. [20:06] Becket sues SUNY Broome Community College after it denied recognition to an InterVarsity chapter over the chapter's requirement that student leaders share its Christian beliefs. Kyle works through the fourteen counts, including church autonomy and entanglement, the free exercise claims aimed at strict scrutiny, Tandon's most-favored-nation rule, and Fulton's holding that mere discretion defeats general applicability. [35:35] Heister v. School District of Philadelphia, where a district judge partially denied the school district's motion to dismiss on August 21. Frank uses the case to raise a cultural asymmetry while cautioning against judgment when the facts are this contested, and Kyle asks whether the flag is a religious symbol at all. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, September 1, 2026 #freedomofreligion #religiousliberty #freeexercise | |||
| Catholic City Loses Its Appeal. Wiccan Inmate Wins. | 24 Aug 2026 | 00:41:31 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss Texas adding scripture to its K–12 public school reading list, the Massachusetts Supreme Judicial Court blocking statues of St. Michael and St. Florian from a Quincy public safety building, and a divided Ninth Circuit reviving a Wiccan inmate's claim over confiscated ritual items. In this episode, we discuss: [1:09] Texas adds selections from scripture to its K–12 reading list alongside the classic literature, and Frank argues the law sits comfortably inside the Establishment Clause — that Mahmoud v. Taylor did not forbid assigning texts at all but turned on parental notice and the normative character of the material, that Abington v. Schempp expressly preserved the Bible's literary and historic value, and that the first public schools went considerably further than anything Texas is now attempting. [11:33] The Massachusetts Supreme Judicial Court unanimously upholds an injunction against two ten-foot bronzes commissioned for Quincy's public safety building, applying a Lemon-derived state framework years after Kennedy v. Bremerton discarded it, and reaching the strange conclusion that the statues fail largely because they are new — turning American Legion, our most monument-friendly precedent, against them. [26:05] A divided Ninth Circuit panel revives a Wiccan inmate's First Amendment and RLUIPA claims over a confiscated altar cloth and medallion the dissent notes cost twelve dollars each, which Frank uses to raise the question sitting underneath the case: whether courts can coherently protect the free exercise of religion without a workable definition of religion. Kyle answers from natural theology and the founders' laws of nature and of nature's God. Chapter markers 0:00 Intro 1:09 Texas adds scripture to the K–12 curriculum 1:39 Jonah, Job, and the Sermon on the Mount 2:10 The Ten Commandments law and Nathan v. Alamo Heights 2:56 Does Mahmoud v. Taylor apply? 3:26 Why the Mahmoud texts were different 4:15 Abington School District v. Schempp 4:59 The Bible's literary and historic qualities 6:14 The first public schools were explicitly Protestant 7:23 Neutral proceduralism vs. substantive goods 8:20 Not all ideas are equal 10:06 Kyle: what is education actually for? 11:33 Massachusetts: FitzMorris v. City of Quincy 12:31 Two bronzes, fifteen plaintiffs, three organizations 13:49 The SJC rules on August 20 14:18 Article 3 and Michael McConnell's brief 15:17 A state court applies Lemon after Kennedy 15:46 Colo v. Treasurer and Receiver General 17:42 Federal protection is a floor, not a ceiling 18:12 The free exercise ceiling and Masterpiece Cakeshop 19:09 The absurdity of the Lemon test 19:39 Becket's secular purpose argument 21:07 American Legion and the Bladensburg Cross 22:03 Too new to protect 23:35 Can a state court use an overruled federal test? 24:29 Picking and choosing religious symbols 26:05 Goff v. Rode in the Ninth Circuit 27:29 A 2–1 reversal of summary judgment 29:08 The dissent and the $12 replacement 30:38 Resolved on the wrong element 32:12 What is a religion? 32:49 Employment Division v. Smith 34:07 Madison and "the duty we owe our Creator" 35:25 Where Wicca would fall 36:28 Kyle: natural theology and the unmoved mover 37:56 Aquinas, Blackstone, and the American founding 39:41 Natural law theorists and originalists agree 40:39 "If anything's a religion, then nothing's a religion" For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, August 25, 2026 #freedomofreligion #religiousliberty #establishmentclause | |||
| A Catholic Governor Just Legalized Abortion Up to Birth | 18 Aug 2026 | 00:42:15 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss the Justice Department and an Orthodox synagogue suing Montgomery County, Maryland over its ban on carrying firearms near houses of worship, a new state-law challenge to Texas's Ten Commandments statute after the Establishment Clause arguments failed, and the Massachusetts law removing nearly every remaining limit on late-term abortion. In this episode, we discuss: [1:07] Montgomery County bars firearms in or within 100 yards of a place of public assembly, including every house of worship in the county, and now faces parallel suits from the Justice Department on Second Amendment grounds and from an Orthodox synagogue arguing the ordinance is neither neutral nor generally applicable and burdens a religious obligation to provide for its own security. [12:49] Three Houston-area mothers abandon the Establishment Clause theory that lost in the Fifth Circuit and challenge SB 10 under the Texas Religious Freedom Restoration Act and the state's new Parental Rights Amendment, raising the question of whether a poster a child passively sees can count as religious coercion at all. [26:08] Massachusetts eliminates its four-part framework governing abortion at or after 24 weeks, and Frank explains why the abortion pill rather than late-term surgical abortion is the real battlefield, while Kyle walks through Canon 915 and the excommunication question now being raised about a governor who calls herself Catholic. Chapter markers 0:00 Intro
For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, August 18, 2026 #freedomofreligion #religiousliberty #secondamendment | |||
| Obscenity Isn't Free Speech: Florida's Child Protection Law Upheld | 11 Aug 2026 | 00:34:02 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss Michigan's full-scale retreat from its ban on talk therapy for children with gender dysphoria, the Eleventh Circuit's en banc ruling upholding Florida's Protection of Children Act, and a second Oklahoma charter school case that may finish what St. Isidore started. In this episode, we discuss: [1:44] Michigan agrees to a stipulated permanent injunction ending enforcement of HB 4616 against licensed counselors engaged in talk therapy, closing out a suit brought by a Catholic therapist and several branches of Catholic Charities after the Supreme Court decided Chiles v. Salazar. [12:42] The Eleventh Circuit, sitting en banc, upholds Florida's Protection of Children Act, holding that obscenity sits outside the First Amendment entirely and that keeping minors out of obscene adult live performances is subject to rational basis review rather than strict scrutiny. [24:42] A Jewish school foundation seeks charter status in Oklahoma on the same argument St. Isidore made, and Frank explains why Carson v. Makin points in one direction while the strings attached to state funding remain the harder question. Chapter markers 0:00 Intro 1:44 Michigan's talk therapy ban 2:30 The Catholic therapist who challenged it 4:14 The stipulated permanent injunction 5:16 Does a stipulation create precedent? 6:13 Why you should never lay down and give up 8:18 What if a state banned the other kind of therapy? 11:09 Do we trust this ruling class with that power? 12:42 The Eleventh Circuit upholds Florida's law 13:59 A Drag Queen Christmas in Pensacola 15:18 Hamburger Mary's facial challenge 16:55 Obscenity is outside the First Amendment 17:44 Rational basis, not strict scrutiny 18:49 Free speech in America was never unlimited 20:22 Philip Hamburger on natural rights and natural law 22:26 Originalism gets you to the same place 24:42 Oklahoma: St. Isidore round two 26:24 Why Oklahoma's charter schools are private 27:22 Carson v. Makin and generally available funding 28:48 Why St. Isidore ended 4–4 31:20 The strings attached to state money 32:25 St. Mary Catholic Parish v. Roy For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, August 11, 2026 #freedomofreligion #religiousliberty #freespeech | |||
| A Religious Exemption From AI? | 04 Aug 2026 | 00:39:18 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss the Catholic lawsuit against New York's new physician assisted death mandate, the Ninth Circuit's unanimous ruling for a Kaiser Permanente employee fired over a religious vaccine exemption, and the first known workplace religious accommodation excusing an employee from using AI. In this episode, we discuss: [1:20] Becket sues New York over the Medical Aid in Dying Act on behalf of four orders of religious sisters and the Diocese of Rockville Centre, challenging a law that requires objecting providers to counsel patients on assisted suicide, screen them for eligibility, and refer them out. [18:11] The Ninth Circuit unanimously revives Mimi Weiss's Title VII claims against Kaiser, holding that notice of a religious conflict and sincerity of belief are separate questions, and that employers do not get to decide the second one. [30:24] A Unitarian Universalist software engineer wins a religious exemption from her employer's AI mandate, and Kyle explains why Magnifica Humanitas does not say what the coverage claims it says. Chapter markers 0:00 Intro 1:20 New York's assisted suicide mandate 3:58 Doctors must list the wrong cause of death 5:06 Carmelite Sisters v. James 7:25 Humanism without Christianity 11:12 The federal law arguments 13:04 Church autonomy and free exercise 16:07 The July 30 consent order 16:49 The lesson from Canada 18:11 Weiss v. The Permanente Medical Group 20:30 Notice or sincerity? 22:44 The Ninth Circuit rules for Weiss 26:42 How to write an exemption letter 30:24 A religious exemption from AI 32:02 What the AI encyclical actually says For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, August 4, 2026 #freedomofreligion #religiousliberty | |||
| A Permit to Pray in Your Own Home? John Bursch on the Case SCOTUS Just Took | 29 Jul 2026 | 00:31:16 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this special episode, Napa Legal's Senior Counsel Frank DeVito is joined by John Bursch, Senior Counsel and Vice President of Appellate Advocacy at Alliance Defending Freedom, former Solicitor General of Michigan, and a Napa Legal Good Counselor Project Fellow. John returns as the podcast's first repeat guest for a discussion of two fights that will shape what churches and religious nonprofits are free to say and free to do. First, the litigation over the Johnson Amendment. John explains what pastors and priests can already say from the pulpit, why the government's theory rests on the Supreme Court's decision in Catholic Charities Bureau, and what happens next. Second, Grand v. City of University Heights, which the Supreme Court agreed to hear on June 30. John explains the procedural question the justices will decide in December and why it matters for every American whose religious exercise runs into a zoning code.In this episode, we discuss: 0:00 Introduction 0:53 John Bursch's background and his work at Alliance Defending Freedom 1:55 What is the Johnson Amendment and why it matters 2:56 The 1950s origins of the Johnson Amendment 3:26 Is 501(c)(3) status a government benefit or a recognition? 4:27 Why no one has successfully challenged the Johnson Amendment until now 5:27 Obergefell, Verrilli, and the coming fight over tax exemption 6:30 The NRB case: plaintiffs, posture, and a change in administrations 7:30 The stipulated judgment and the district court's rejection 9:31 What the settlement signals to churches right now 10:01 What a priest can actually say from the pulpit 11:32 Two extremes: churches that go all in and churches that self-censor 12:34 The government's theory: unequal burdens on different denominations 13:34 The Catholic Charities Bureau problem 14:36 Applying Catholic Charities to the next generation of cases 15:09 The Anti-Injunction Act and the court's sua sponte dismissal 16:41 Why this is a speech case, not a tax case 17:42 Is the Anti-Injunction Act jurisdictional or waivable? 18:44 What's teed up for the Fifth Circuit and when to expect a decision 20:16 Why "boring" procedural doctrine decides religious liberty cases 21:16 Grand v. City of University Heights: a permit to pray at home 22:46 The cease-and-desist and the call with the mayor 23:16 The zoning hearing and the trap inside the permit 24:47 A pro se cert petition that got the Supreme Court's attention 27:20 Surveillance, spying neighbors, and a city that stopped picking up his trash 28:21 Williamson County, exhaustion, and Section 1983 29:53 What's next in the case |30:23 Conclusion For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast | |||
| Too Religious for Connecticut's Capitol? The Nativity Ban Explained | 21 Jul 2026 | 00:39:50 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss Connecticut banning a Nativity display in the capitol building, the draft of the report released by the White House Religious Liberty Commission, and the continued legal battles of the Little Sisters of the Poor against the contraceptive mandate. In this episode, we discuss: [1:27] After Connecticut's Joint Committee on Legislative Management denied the Family Institute of Connecticut permission to place a small Nativity in the state Capitol under a policy that allows private displays unless they are "religious in nature," First Liberty Institute and the law firm Jones Day sent a demand letter arguing the exclusion is viewpoint discrimination under the Free Speech Clause and that the Establishment Clause — with Lemon v. Kurtzman's endorsement test abrogated by Kennedy v. Bremerton — plainly permits the display. [13:16] The White House Religious Liberty Commission, created by President Trump's executive order and built on seven hearings, released a 224-page draft report surveying the state of religious freedom in America — from religion's role as an indispensable support for a free society to the history of the First Amendment from colonial establishments through the twentieth-century incorporation of the Establishment Clause against the states — and Kyle unpacks its twelve recommendations, including repealing the Johnson Amendment, restoring benefits for service members discharged over religious objections to the COVID-19 vaccine, and directing the DOJ to clarify the proper understanding of the Establishment Clause. [29:53] The Little Sisters of the Poor are back before the Third Circuit — represented by Becket's Mark Rienzi and the firm Clement & Murphy, with oral argument heard July 7 — challenging a district court ruling that found the religious exemption to the Affordable Care Act's contraceptive mandate arbitrary and capricious, and arguing that even if that were so, striking the exemption would only leave the mandate itself violating RFRA by substantially burdening the Sisters' religious exercise, more than a decade and three Supreme Court victories into Pennsylvania and New Jersey's effort to strip away their protection. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, July 21, 2026 #freedomofreligion #religiousliberty | |||
| Pay Your Taxes to a Christian School Instead? The New $1,700 Tax Credit | Guest Corrinne Vidales | 16 Jul 2026 | 00:27:08 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits.In this guest episode, Napa Legal's Senior Counsel Frank DeVito is joined by Corrinne Vidales, Legal Counsel at the Ohio Christian Education Network and an alumna of Napa Legal's Good Counselor Project. Join them for a discussion of scholarship granting organizations (SGOs) and the new federal Education Freedom Tax Credit created by the One Big Beautiful Bill. With Treasury rules expected this fall, this program allows taxpayers to redirect up to $1,700 of their federal taxes to scholarship organizations, with major implications for Christian schools, faith-based nonprofits, and the families they serve.In this episode, we discuss:0:00 Introduction1:43 Corrinne's background and her work at the Ohio Christian Education Network3:37 What is a scholarship granting organization?4:51 How Ohio's dollar-for-dollar SGO tax credit works7:09 How scholarship money flows from donors to families9:37 Which states currently have SGO programs10:43 The federal Education Freedom Tax Credit and how it will work11:27 State opt-in: what happens if a governor refuses?14:05 Who's eligible for federal scholarships?15:19 How existing SGOs can qualify for the federal program16:21 Credit amounts, rollover, and stacking state and federal donations20:03 The greatest evangelism opportunity of our lifetime? What this means for the future of Christian education21:23 Launching new schools and taking the SGO model national23:53 ConclusionNapa Legal's introductory resource on SGOs, written by Corrinne, is available at https://www.napalegalinstitute.org/For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcast | |||
| Counselors FORCED to Affirm Gender Ideology | Maine tries to reverse SCOTUS | 14 Jul 2026 | 00:36:26 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Kyle Nazareth discuss an Eighth Circuit ruling reviving two Missouri counselors' challenge to local counseling censorship ordinances after the Supreme Court's decision in Chiles v. Salazar, a First Circuit ruling requiring Christian schools in Maine's school choice program to comply with the state's gender identity mandates in hiring and admissions, and the return of federal Medicaid funding to Planned Parenthood after the One Big Beautiful Bill's one-year defund expired.In this episode, we discuss:[2:57] After the Supreme Court held in Chiles v. Salazar that conversations in counseling sessions are protected speech, the Eighth Circuit ordered a district court to reconsider claims brought by counselors Wyatt Bury and Pamela Eisenreich, represented by Alliance Defending Freedom, challenging Kansas City and Jackson County ordinances that bar counselors from helping clients become comfortable with their biological sex.[12:40] The First Circuit ruled that Bangor Christian Schools, affiliated with Crosspoint Church and represented by First Liberty, may apply its religious beliefs when hiring teachers, but not where sexual orientation or gender identity is involved, effectively forcing the school to choose between its faith and participation in Maine's school choice program four years after Carson v. Makin.[30:10] Planned Parenthood regains Medicaid reimbursements for non-abortion services after the One Big Beautiful Bill's one-year funding pause expired, as pro-life advocates continue pushing for permanent defunding of abortion providers.For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, July 14, 2026#freedomofreligion #religiousliberty | |||
| SCOTUS Protects Girls' Sports, Teacher FIRED Over Pronouns, & Michigan Targets Catholic Charities | 08 Jul 2026 | 00:43:12 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss: 1:30: A Catholic Charities serving the Lansing, Michigan area, represented by Alliance Defending Freedom, files suit after the state abruptly revoked its participation in womens' services funding programs, allegedly out of hostility toward its beliefs on abortion and contraception. 15:05: A Montgomery County substitute teacher was denied a religious accommodation and removed from the classroom for refusing to use false pronouns and conceal students' social transitions from their parents. Her cert petition raises key questions under the Free Exercise and Free Speech Clauses, including a circuit split created by the Fourth Circuit. 27:00: The Supreme Court holds that Title IX and the Equal Protection Clause allow states to maintain girls' sports for biological girls, with notable concurrences from Justice Thomas and Justice Gorsuch worth reading. Registration is still open for Napa Legal's annual Nonprofit Summit on July 22 in Napa, California, a one-day formation event for nonprofit leaders, board members, and professionals serving faith-based organizations. Learn more and register at: https://www.napalegalinstitute.org/nonprofit-summit For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast The Napa Legal Podcast, July 8, 2026 #freedomofreligion #religiousliberty | |||
| School District Rejects Parental Opt-Out of LGBT Content (conflicts Mahmoud v Taylor): June 30, 2026 | 30 Jun 2026 | 00:39:16 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss an effort by a California school district to thwart the US Supreme Court by teaching LGBT materials without parental consent, a recent Supreme Court ruling on RLUIPA regarding prisoners’ rights to sue, and a win in the 9th Circuit by former employees of Alaska Airlines who were terminated for voicing their views on the Equality Act. In this episode, we discuss:1:45 California school district defies a recent Supreme Court ruling requiring schools to notify parents when material that contradicts their faith is taught in the classroom. 15:54 Prison guards will not be held liable in their individual capacity for shaving an inmate’s head despite his religious beliefs. 27:52 Airline flight attendants in a religious discrimination case win appeal at the 9th Circuit. For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, June 30, 2026#freedomofreligion #religiousliberty | |||
| Church Can't Host Religious Services and Activities at Newly Acquired Church Building: June 25, 2026 | 25 Jun 2026 | 00:38:24 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss a Michigan township refusing to let a newly acquired church operate, a New Jersey Christian addiction recovery ministry fighting a series of administrative and zoning battles, and an eminent domain dispute between the federal government and the Diocese of Las Cruces, New Mexico. In this episode, we discuss:1:48 Township of Windsor, Michigan, refuses to allow a church to host religious services and related activities at a newly acquired church building. 15:20 A New Jersey-based addiction and recovery ministry faces multiple roadblocks from local township authorities, resulting in hefty fines. 29:48 Judge allows federal government to deposit money to acquire a large parcel of land from the New Mexico Diocese of Las Cruces via eminent domain. For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, June 25, 2026#freedomofreligion #religiousliberty | |||
| Compelled Speech, Pro-Abortion Legislation, and Boys Wrestling Girls: June 17, 2026 | 17 Jun 2026 | 00:28:39 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss an appeal of a Colorado law that censors and compels speech regarding so-called gender identity, a lawsuit in Michigan concerning yet another attempt to smuggle abortion into protection against sex-based discrimination, and a new lawsuit in Washington state concerning an alleged sexual assault as a result of a boy playing girls sports. In this episode, we discuss:1:59 Apparel company and Christian bookstore in Colorado file appeal in the 10th Circuit to stop compelled speech. 10:58 Two Michigan prolife groups seek an order blocking a law that would require them to hire and retain employees opposed to the mission of the prolife groups. 19:17 Washington state’s policies led to a high school girl allegedly being sexually assaulted during a wrestling match with a boy who identifies as female. For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, June 17, 2026#freedomofreligion #religiousliberty | |||
| Springfield Diocese & Pro-Life Center Appeal Problematic Employment Law to 7th Circuit: June 9, 2026 | 09 Jun 2026 | 00:38:55 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss a religious freedom issue regarding employment discrimination law in Illinois, a California childcare licensing law that interferes with the religious rights of parents, and a lawsuit against the USDA alleging a (spurious) Establishment Clause violation. In this episode, we discuss:2:00 The diocese of Springfield, Illinois and a pro-life center appeal problematic employment law to the 7th Circuit.12:28 California childcare licensing requirements undermine the religious rights of parents. 29:00 U.S. Department of Agriculture sued over an Easter message from Secretary Brooke Rollins. For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, June 9, 2026#freedomofreligion #religiousliberty | |||
| Orthodox Jew Forced to Obtain Permit to Pray in His Home: June 2, 2026 | 02 Jun 2026 | 00:35:12 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss an 8th Circuit case involving teachers disciplined and fired for refusing the COVID vaccine, an appeal to the U.S. Supreme Court from an Orthodox Jew whose municipality made him apply for a special use permit to have people come to his house to pray, and a new Tennessee law protecting single-sex spaces for girls and women. In this episode, we discuss:1:11 Amicus curiae brief filed with the 8th Circuit in support of teachers punished for seeking religious exemption to COVID vaccine.14:11 Appeal made to U.S. Supreme Court on behalf of Orthodox Jew forced to obtain permit to pray in his home.27:06 Tennessee Governor signs bill protecting women and girls from abuse by biological males in female-only spaces.For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, June 2, 2026#freedomofreligion #religiousliberty | |||
| Can Religious Organizations Use Their Land w/o Government Interference? | Guest John Ketcham 5/29/26 | 29 May 2026 | 00:35:02 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this guest episode, Napa Legal's Senior Counsel Frank DeVito is joined by John Ketcham, Senior Fellow and Director of Cities at the Manhattan Institute. Join them for a discussion of Missionaries of St. John the Baptist v. Frederic, a case pending cert before the U.S. Supreme Court. This case can have major implications in determining whether the complaints of neighbors can overrule the rights of religious organizations to use their land for religious purposes. In this episode, we discuss: 1:44 John's background growing up Catholic in New York City and working at the Manhattan Institute 5:56 Manhattan Institute Amicus Briefs 7:20 Missionaries of St. John the Baptist v. Frederic Amicus Brief with Napa Legal 10:08 Background of the case 14:45 RLUIPA 21:21 What would best case scenario look like? 22:40 What would worst case scenario look like? 24:00 Why should we generally be in favor of development? 28:29 Other projects by John 34:10 Conclusion For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org/ For more of the Napa Legal Podcast, visit our site here: https://www.napalegalinstitute.org/th... The Napa Legal Podcast, May 29, 2026 #freedomofreligion #religiousliberty | |||
| Counselor Fined for Refusing to Affirm Same-Sex Relationships During Counseling: May 27, 2026 | 27 May 2026 | 00:40:38 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Alexa Kawlewski discuss an Oregon therapist being fined for answering a client’s question about his beliefs, a Fifth Circuit case challenging an abortion accommodation requirement created by the EEOC, and a land-use lawsuit in the Third Circuit concerning a Catholic Church being denied the approvals to build a shrine. In this episode, we discuss:1:50 Counselor in Oregon Fined for Refusing to Affirm Same-Sex Relationships During Counseling Session. 10:50 Fifth Circuit To Hear Appeal Challenging Federal Abortion Accommodation Regulation. 25:17 Pennsylvania Church Appeals to Third Circuit Over Zoning Decision That Disfavors Religion. For more about Napa Legal and our work, visit our website here:https://www.napalegalinstitute.org/For more of the Napa Legal Podcast, visit our site here:https://www.napalegalinstitute.org/the-napa-legal-podcastThe Napa Legal Podcast, May 27, 2026#freedomofreligion #religiousliberty | |||
| SCOTUS Expands Access to Abortion Pill and Eradicates Basic Safety Requirements | May 19, 2026 | 19 May 2026 | 00:29:05 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain an abortion-related lawsuit at the US Supreme Court and a parental rights lawsuit against a public school district. In this episode, we discuss: 2:11 The US Supreme Court's decision to permit the FDA to drop requirements for in-person doctors' visits before a woman can take an abortion pill. 15:59 A lawsuit from several families in Colorado against their public school district that made their children to share rooms and beds with members of the opposite sex during field trips. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Freedom of religion, religious liberty, abortion, mifepristone, misoprostol, free exercise, establishment clause, legal updates, Supreme Court, legal podcast, parental rights, substantive due process, Mahmoud, Mirabelli. The Napa Legal Podcast, May 19, 2026. #freedomofreligion #religiousliberty | |||
| Coast Guard Settles in Religious Liberty Lawsuit over COVID-19 Mandate with Guest Nathan Loyd 5/7/26 | 14 May 2026 | 00:43:55 | |
In this episode of the Napa Legal Podcast, Frank DeVito is joined by Nathan Loyd, staff counsel at the Thomas More Society and a former active-duty member of the Air Force, to discuss a recent settlement with the US Coast Guard that will protect the religious freedom of servicemembers across the country. During the Covid-19 pandemic, the Coast Guard refused to provide religious exemptions from vaccine mandates. Elite servicemembers were denied promotion and cut out of key responsibilities for their religious objections to the mandate. A Class of officers and enlisted coast guardsmen, with the help of attorneys from the Thomas More Society, recently settled a major lawsuit with the Coast Guard. The Coast Guard agreed to follow federal regulations that protect religious liberty in the future. Key Moments: 0:50 Introduction 1:43 Nathan's work at the Thomas More Society 4:07 The basics of the Covid-19 Vaccine mandates in the Coast Guard 5:20 This case - Jackson v. Mullin and the servicemembers who brought it. 10:39 Relevant research on the Covid-19 vaccines 12:07 The legal standard for religious exemptions, particularly in the military. 15:56 Other similar cases and applying the legal standards in other circumstances. 16:55 The outcome of this case - a favorable settlement for the servicemembers. 22:18 Voluntary cessation in civil litigation 28:13 Servicemembers' responses to this settlement 32:25 Why this case is being settled today rather than years ago 37:43 Other parts of Nathan's work - sidewalk counselling and free speech. For more of the Napa Legal Podcast, visit our website here: https://www.napalegalinstitute.org/the-napa-legal-podcast To learn more about Napa Legal and our work, visit us at our website: https://www.napalegalinstitute.org The Napa Legal Podcast, May 14, 2026 | |||
| SCOTUS To Decide Major Abortion Case and More Religious Liberty Disputes: May 12, 2026 | 12 May 2026 | 00:32:10 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain an abortion-related lawsuit at the US Supreme Court, a Church Autonomy claim from a Catholic Church in Indianapolis, and New Mexico's law that cut back data reporting on abortions. In this episode, we discuss: 1:49 A case before the US Supreme Court that will impact pro-life state's attempts to prevent abortion. The FDA dropped requirements for in-person doctor's visits before an abortion pill can be given. That decision was challenged in a lawsuit currently before SCOTUS. 13:17 A Catholic parish decided to demolish a closed Church in order to follow the bishop's understanding of canon law. However, the city of Indianapolis has blocked their decision. In a Church Autonomy and First Amendment dispute, the parish is seeking to have the freedom to decide how to best fulfil their religious obligations. 23:14 New Mexico recently repealed requirements to report the number of abortions performed. While abortion advocates claim the practice is healthcare, it is often regulated with much less oversight than genuine medical practices. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Freedom of religion, religious liberty, abortion, mifepristone, misoprostol, free exercise, establishment clause, legal updates, Supreme Court, legal podcast. The Napa Legal Podcast, May 12, 2026. #freedomofreligion #religiousliberty | |||
| The First Amendment and Tax Law: Unpacking Constitutional Issues with Tyler Martinez | 5/7/2026 | 07 May 2026 | 00:28:37 | |
Do tax laws violate the constitutional rights of religious organizations? In this episode of the Napa Legal Podcast, Frank DeVito is joined by Tyler Martinez, the Director of Litigation at the National Taxpayers Union Foundation (NTUF), to discuss active lawsuits implicating the Johnson Amendment, and other related tax law issues that impact nonprofit organizations. Key Moments: 0:40 Introduction 1:50 What is the Johnson Amendment, and how does it impact churches and religious organizations? 3:40 Are churches recognized as nonprofits, or is that a status that the government bestows upon them? 5:56 Are there Constitutional issues with the Johnson Amendment? Tyler explains how the law implicates First Amendment rights. 7:15 The basics of a key case National Religious Broadcasters v. Commissioner. 9:54 The latest developments in the case 16:53 A relevant Supreme Court case, National Federation of Independent Business v. Sebelius, that involved the Affordable Care Act. 19:51 What happens next in this currently active lawsuit challenging the Johnson Amendment? 25:33 The growing problem of legislatures hiding problematic laws in the tax code. For more of the Napa Legal Podcast, visit our website here: https://www.napalegalinstitute.org/the-napa-legal-podcast To learn more about Napa Legal and our work, visit us at our website: https://www.napalegalinstitute.org The Napa Legal Podcast, May 7, 2026 | |||
| Parental Rights, the Abortion Pill, and Donor Privacy at the US Supreme Court | May 5, 2026 | 05 May 2026 | 00:33:55 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain the US Supreme Court's decisions on a donor privacy case and several parental rights cases. Additionally, we explain a recent ruling that could limit mailing the abortion pill, as well as a tax credit for donations for pregnancy resource centers. In this episode, we discuss: 1:49 The US Supreme Court recently decided First Choice v. Platkin. The Court held that New Jersey's AG's attempt to force a pro-life pregnancy resource center to hand over confidential donor information violated their Constitutional rights. 14:12 The US Supreme Court recently declined two major parental rights cases. In March, the Court ruled that parental exclusion policies, which instruct public school staff to lie to parents while affirming a student's new "gender identity" violated the First and Fourteenth Amendments. These cases offered the Court an opportunity to further defend parental rights and expand upon its decision in Mirabelli. 21:15 Citing Dobbs v. Jackson, the Fifth Circuit stayed a regulation that removed the requirement in-person doctor's visits before a woman can obtain the abortion pill. The regulation is likely headed to the US Supreme Court. 31:04 South Carolina recently unanimously passed a new tax credit for donations to pregnancy resource centers and centers for victims of human trafficking. Several other states have similar such laws. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Religious liberty, religious freedom, Constitutional rights, donor privacy, law and policy, legal updates, abortion pill, pro-life laws, abortion law, US legal system. The Napa Legal Podcast, May 5, 2026. #freedomofreligion #religiousliberty | |||
| Catholic Preschool Heads to SCOTUS + 10 Commandments Case & TN Law Protecting Kids | April 28, 2026 | 28 Apr 2026 | 00:37:09 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain a new religious liberty case at SCOTUS, a lawsuit centered on the 10 Commandments, and a new law in Tennessee that will protect children from harmful and scarring operations. In this episode, we discuss: 1:31 The US Supreme Court recently agreed to hear the next major religious liberty case - St. Mary's v. Roy. The state of Colorado excluded the Catholic school from its universal preschool program because of its religious beliefs about gender and the human person. The Court will decide whether government entities can evade protections for religious organizations and the First Amendment through facial neutrality regardless of substantive discrimination. 18:46 The Fifth Circuit recently upheld Texas' law that requires the 10 Commandments to be displayed in every public school classroom. The opinion explains that a historical understanding of religious establishment requires government coercion and control of belief, which is not present in this case. 31:11 Tennessee recently enacted law that allow patients to sue doctors that perform “transgender surgeries” on minors. The law authorizes individuals older than 18 to sue doctors that performed certain procedures on them while they were minors, which include medically unnecessary mastectomies and prescribing puberty blockers. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Religious freedom, religious liberty, First Amendment, Carson, Trinity Lutheran, Espinoza, Fulton, Smith, religious discrimination, freedom of religion, Establishment Clause, Founding of America, caselaw, legal updates, legal podcast. The Napa Legal Podcast, April 28, 2026. #freedomofreligion #religiousliberty | |||
| Free Speech and Censorship of Christian Values - Churches, Social Workers, and Pro-Lifers (4/21/26) | 21 Apr 2026 | 00:35:42 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain the free speech rights of church leaders, censorship of Christian beliefs, and victory for a pro-life advocate. In this episode, we discuss: 1:47 A federal court recently dismissed an attempt to protect the ability of churches to make statements about political candidates. The Johnson Amendment bans certain nonprofit organizations from endorsing candidates for office. While the current administration has limited its enforcement, it remains on the books. A lawsuit seeking to declare it unconstitutional was dismissed and is expected to be appealed. 9:59 A social worker in Oregon was fired after he put up several books in his office that affirmed the reality of God-given sex. He filed a lawsuit based on his rights to Free Speech and Free Exercise. We discuss the purpose of free speech in America, especially in light of recent developments on both sides of the political aisle. 25:54 A pro-life advocate was awarded over $1 million from the DOJ after a wrongful arrest by the Biden administration under the FACE Act. Mark Houck was arrested at gunpoint after protecting his 12-year-old son from a 72-year-old abortion escort while praying outside of an abortion clinic. He was acquitted of the charges in 2023; following the acquittal, Houck filed suit against the DOJ for malicious and retaliatory prosecution. He recently settled for one million dollars. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Free Speech, Free Exercise of Religion, Religious Freedom, Religious Liberty, First Amendment, Fourteenth Amendment, Planned Parenthood, Transgenderism. The Napa Legal Podcast, April 21, 2026. #freedomofreligion #religiousliberty | |||
| Parental Rights Jurisprudence: How SCOTUS Can Move Beyond Mirabelli with John Bursch, ADF | 14 Apr 2026 | 00:41:11 | |
Can the U.S. Supreme Court expand and strengthen parental rights under the Constitution? In this episode of the Napa Legal Podcast, Frank DeVito is joined by John Bursch, the Senior Counsel and Vice President of Appellate Advocacy at the Alliance Defending Freedom (ADF), to discuss the future of parental rights and the Supreme Court. They examine major pending SCOTUS cases and discuss how the Court could go beyond existing precedent to more clearly protect parents’ constitutional right to direct the upbringing of their children. Key Moments: 0:47 Introduction 3:01 Are parental rights written in the Constitution? 5:48 The current state of parental rights caselaw at the U.S. Supreme Court - Mahmoud and Mirabelli 9:38 Do public schools still secretly "socially transition" kids against parents' wishes with "parental exclusion policies"? Did Mirabelli fix the issue? 11:39 What is the emergency docket, and how is it relevant to parental rights and these cases? Noting Justice Kagan's dissent in Mirabelli. 14:54 Substantive Due Process and the history and tradition of abortion and parental rights. Noting Roe v. Wade. 16:54 A case currently pending before the Supreme Court that could strike at the merits of parental rights - Foote v. Ludlow. In this case, a public school secretly treated children like they were members of the opposite sex against the direct and explicit wishes of the children's parents. School officials tried to convince the children that their parents were not on their side or acting in their best interest. 20:55 The state of affirms of public morals, as well as the urgent need for legal protection of children from activist government overreach 26:48 Constitutional theories for unenumerated parental rights. 30:35 Changing the culture and winning public support back to morality. 35:22 Free speech and compelled pronoun usage. 36:57 How concerned and passionate citizens can help. John Bursch is Senior Counsel and Director of Appellate Advocacy at the Alliance Defending Freedom. He has argued over a dozen US Supreme Court cases. He previously served as the solicitor general of Michigan from 2011 to 2013. For more of the Napa Legal Podcast, visit our website here: https://www.napalegalinstitute.org/the-napa-legal-podcast To learn more about Napa Legal and our work, visit us at our website: https://www.napalegalinstitute.org The Napa Legal Podcast, April 14, 2026 | |||
| Behind the Scenes of Mirabelli - How Teachers and Parents Won at SCOTUS | Guest Jeffrey Trissel | 10 Apr 2026 | 00:31:15 | |
In this episode of the Napa Legal Podcast, Frank DeVito is joined by Jeffrey Trissell, a California attorney that worked on Mirabelli v. Bonta, a landmark parental rights case recently decided by the US Supreme Court. They discuss the case itself, as well as Jeffrey's advocacy for Churches that sought to serve their members during COVID but faced an uphill legal battle. Key Moments: 0:55 Introduction 1:46 The basics of Mirabelli v. Bonta - A case recently decided by the US Supreme Court that held that California's "parental exclusion policy" likely violates the Constitution. The policy instructed staff to treat children like they are members of the opposite sex and lie to parents that disagreed. 7:06 The experience of the teachers and families that brought the lawsuit 8:31 The path to the Supreme Court 12:10 The impact of the Supreme Court's decision 17:15 The emergency docket, how the judiciary operates, and Justice Kagan's dissent 19:58 Jeffrey's work representing churches that faced religious discrimination in the COVID era 23:35 South Bay United Pentecostal Church v. Newsom at the Supreme Court 24:50 Is today's legal landscape for religious freedom different from 2020? Jeffrey M. Trissell is an accomplished civil litigator with numerous wins in both state and federal court. In addition to his work in private practice, he serves as special counsel to the Thomas More Society. The majority of his practice is devoted to constitutional rights, which includes First Amendment litigation. He recently published his book "Unlocking the Churches - the legal victory against California's pandemic-era religious discrimination." For more of the Napa Legal Podcast, visit our website here: https://www.napalegalinstitute.org/the-napa-legal-podcast To learn more about Napa Legal and our work, visit us at our website: https://www.napalegalinstitute.org The Napa Legal Podcast, April 10, 2026 | |||
| Free Speech and the Natural Law - American and International Legal Updates (April 7, 2026) | 08 Apr 2026 | 00:38:00 | |
What is the telos and purpose of freedom? Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain the Supreme Court's ruling in Chiles v. Salazar regarding Colorado's ban on traditionally Christian counselling, pro-life laws in Kansas and New Hampshire, and the conviction of Finland citizen Päivi Räsänen’s for "hate speech" based on her Christian beliefs. In this episode, we discuss: 1:30 The Supreme Court's ruling in Chiles v. Salazar. Colorado banned all therapy that sought to help a minor embrace his or her God-given sex. The Court recently ruled that the ban violates the Free Speech Clause and constitutes illegal discrimination. We explain the merits and potential sources of concern in the majority opinion. 19:11 The Kansas Legislature recently passed a law that protect pro-life pregnancy resource centers from government discrimination, overturning the Governor Laura Kelly's veto. A similar bill is advancing in New Hampshire 25:47 Päivi Räsänen, a Finnish politician, was recently convicted of hate speech and crimes against humanity for a pamphlet she made over 20 years ago titled "Male and Female He Created Them – Homosexual Relationships Challenge the Christian Concept of Humanity." She criticized homosexual relationships as sinful. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: First Amendment, freedom of religion, religious liberty, legal news, legal podcast, SCOTUS. The Napa Legal Podcast, April 8, 2026. #freedomofreligion #religiousliberty | |||
| Religion and Public Schools: Lawsuits over Christian Foundations in Education (March 31, 2026) | 31 Mar 2026 | 00:32:03 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain another lawsuit against the 10 Commandments in public schools, whether religious organizations can hire according to their faith, and a Jewish charter school in Oklahoma. In this episode, we discuss: 1:27 A district judge recently ruled against Arkansas' law that required the posting of the 10 Commandments in every public school classroom. The ruling rejects the logic of the Fifth Circuit's decision in a similar case. We explain how the Free Exercise and Establishment Clause work in this case and how the district judge's opinion ignores the history of religion in public schools 13:29 The Moody Bible Institute of Chicago is a Christian college that provides students with a degree in education. As a graduation requirement, students must gain experience teaching in both public and private schools. However, Chicago Public Schools denied those students access into its student-teacher program because Moody hires only other Christians. Recently the parties settled in a manor favorable to Moody. 23:26 A Jewish charter school is filing a lawsuit over its denial of charter school status in Oklahoma. The case is poised as a re-do of St. Isidore of Seville v. Drummond. The case may reach the Supreme Court, who could rule on whether religious charter schools violate the Establishment Clause. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: First Amendment, freedom of religion, religious liberty, legal news, legal podcast, SCOTUS. The Napa Legal Podcast, March 31, 2026. #freedomofreligion #religiousliberty | |||
| Censorship in Public Schools: Pro-Life Student Appeals to Supreme Court | Guest Mathew Hoffmann | 27 Mar 2026 | 00:41:25 | |
Can public schools shut down pro-life students? In this episode of the Napa Legal Podcast, Joseph Clement is joined by Mathew Hoffmann, legal counsel at the Alliance Defending Freedom. They discuss free speech law in public schools and related case that is currently pending before the US Supreme Court. In E.D. v. Noblesville School District, a student pro-life organization was shut down after posting flyers advertising its first event. The students argue that the school's censorship violates their First Amendment right to Free Speech. Key Moments: 0:41 Introduction 2:45 The facts in this case: pro-life student was censored by public school administrators 8:45 Current laws on free speech in public schools - Hazelwood and Tinker 15:40 How courts apply school laws - are students protected or at risk of losing their rights? 17:17 Lemon and the reasonable observer test 21:07 Free Speech vs. Free Exercise claims in public schools 24:45 What could this case impact? What does a win look like? 26:55 The balance of protecting curriculum and protecting free speech 30:07 School speech in the lower courts 32:07 Are there laws that can protect student speech? Are there legislative solutions? 37:21 Should everyone care about free speech in public schools? Mathew Hoffmann serves as legal counsel on the Appellate Advocacy Team at Alliance Defending Freedom, where he represents ADF clients before state and federal appellate courts, including the U.S. Supreme Court. Previously, he served in ADF’s Center for Free Speech and Center for Academic Freedom. He has represented clients in free expression cases across the country and has argued before the U.S. Courts of Appeals for the Seventh and Ninth Circuits and the Alabama Supreme Court. For more of the Napa Legal Podcast, visit our website here: https://www.napalegalinstitute.org/the-napa-legal-podcast To learn more about Napa Legal and our work, visit us at our website: https://www.napalegalinstitute.org The Napa Legal Podcast, March 27, 2026 | |||
| Religious Beliefs Under Fire in Ninth Circuit, New Supreme Court Ruling, and Homeschool Crackdown | 25 Mar 2026 | 00:41:58 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain a ruling that forces a spa to allow men into women's saunas and other private spaces, a Supreme Court ruling in favor of a Christian street preacher, and a restricting homeschool law in Connecticut. In this episode, we discuss: 1:11 A ruling from the Ninth Circuit forcing a traditional Korean spa to allow men into women's private spaces. The spa requires nudity for many of its services and, in order to follow the owners' Christian beliefs and protect its patrons, keeps separate facilities for men and women. The Court rejected the spa's free speech, free exercise, and freedom of association claims. 17:31 The Supreme Court unanimously ruled in favor of Gabriel Olivier, a Christian street preacher who wants to challenge a law that prevented him from preaching in a public space. The Court allowed his lawsuit to proceed, overturning the lower courts' dismissals. 28:30 Connecticut is attempting to pass the most restrictive homeschool law in the country. Under the pending law, any parents who remove their children from public school will be immediately subject to a check from the state government. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Religious freedom, what is religion, First Amendment, Miller, free speech, abortion. The Napa Legal Podcast, March 25, 2026. #freedomofreligion #religiousliberty | |||
| Abortion Pill Reversal: The Legal Battle to Save Unborn Lives | Guest Danielle White | 20 Mar 2026 | 00:30:41 | |
What is abortion pill reversal, and why is California's government trying to silence pro-life organizations that spread awareness of it?In this episode of the Napa Legal Podcast, Frank DeVito is joined by Danielle White, legal counsel at Heartbeat International. They discuss abortion pill reversal, which can save the life of an unborn child before the abortion pill ends his or her life.Key Moments: - 0:23 Introduction- 1:09 Danielle's Background and work at Heartbeat International - 6:30 What is abortion pill reversal and how does it work? - 9:12 What is the legal fight over abortion pill reversal? Why is California trying to silence pregnancy resource centers that spread awareness? - 16:07 The coercive nature of abortion - 16:59 California v. Heartbeat International - facts and analysis - 21:58 Stories of unborn children saved by abortion pill reversal - 23:00 Legal battles for abortion pill reversal across the country- 26:55 How to help women while abortion pills grow in useFor more of the Napa Legal Podcast, visit our website here:https://www.napalegalinstitute.org/the-napa-legal-podcastTo learn more about Napa Legal and our work, visit us at our website:https://www.napalegalinstitute.orgThe Napa Legal Podcast, March 20, 2026 | |||
| Religion and the First Amendment: Abortion Law, Free Speech, and Saving Lives (March 18, 2026) | 18 Mar 2026 | 00:40:50 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain why abortion cannot be justly deemed a religious right, a lawsuit challenging Texas' ban on sexually oriented performances in public spaces in the presence of minors, and Wyoming's new Heartbeat Bill. In this episode, we discuss: 0:57 Is abortion access a religious right? An Indiana judge recently ruled that the states Religious Freedom Restoration Act invalidates the state's ban on abortion. 16:34 Can Texas prevent sexually explicit "drag shows" from being performed in public spaces in front of minors? The Fifth Circuit recently upheld the state's ban and remanded a lawsuit challenging the law. 25:35 Will Wyoming's new Heartbeat Bill be upheld? The state recently banned nearly all abortions after an unborn child's heartbeat can be detected. Pro-life advocates worry that the state's courts will again overrule this effort to save lives. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Religious freedom, what is religion, First Amendment, Miller, free speech, abortion. The Napa Legal Podcast, March 18, 2026. #freedomofreligion #religiousliberty | |||
| School Choice and the Constitution with Allan Parker | Texas Rolls Out Largest Program in America | 13 Mar 2026 | 00:36:45 | |
How does school choice help children and foster a more efficient education system? In this episode of the Napa Legal Podcast, Joseph Clement is joined by Allan Parker (from the Justice Foundation) to Texas' new school choice program and its implications for the rest of the country. They'll address common criticisms of school choice, how the Texas and United States' Constitutions protect educational freedom, and more! Allan is the President of the Justice Foundation and a former professor of law at St. Mary's University where he taught education law and civil procedure. In 2000, he was designated a “Hero For Children” by the Texas Board of Education. He is the author of numerous works on school choice and a frequent lecturer on education topics. Allan received his J.D. degree with high honors from the University of Texas School of Law in 1979. He was an Associate Editor of the Texas Law Review, a Chancellor, Order of the Coif, and Order of Barristers for his outstanding advocacy skills. He graduated Phi Beta Kappa from the University of Oklahoma with a B.A. in Economics in 1974. For more of the Napa Legal Podcast, visit our website here: https://www.napalegalinstitute.org/the-napa-legal-podcast To learn more about Napa Legal and our work, visit us at our website: https://www.napalegalinstitute.org The Napa Legal Podcast, March 13, 2026 | |||
| Parental Rights at the Supreme Court & Defining Religion in Law: Mirabelli and More (March 10, 2026) | 10 Mar 2026 | 00:37:08 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain what a proper legal definition of "religion" needs to do, parental rights at the Supreme Court, and why statements of faith are so important for religious employers In this episode, we discuss: 1:30 McCutchan v. Nicholson - A case brought by a secular humanist association that is seeking to have its members officiate weddings in Texas. The case, which is currently at the Fifth Circuit, offers the courts an opportunity to clarify what groups are legally eligible for First Amendment protections. Frank and Joseph also discuss the history of religion at the American Founding. 11:47 Mirabelli v. Bonta - The US Supreme Court recently ruled that California's parental exclusion policy likely violates the First and Fourteenth Amendments. The policy requires public school staff to "socially transition" young children and lie to parents who object. They also discuss substantive due process and the views of the sitting Justices. 26:11 Kuilema v. Calvin University - A professor at Calvin University was fired after officiating a same-sex transgender "wedding." He sued the University, which claims that its religious nature protects it in this lawsuit, despite the school's doctrinal differences with the denomination that started it. This case is a great example of why religious organizations need to be clear about the content of their beliefs. This case is currently active at the Michigan Supreme Court. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast For Frank and Rachel Morrison's recent episode on the Church Autonomy Doctrine, visit our website here: https://www.napalegalinstitute.org/podcast-episodes/the-first-amendment-vs-government-overreach-the-church-autonomy-doctrine-with-rachel-morrison Topics: Religious freedom, US Supreme Court, Free Exercise, American History, First Amendment, Church Autonomy, Ministerial Exception. The Napa Legal Podcast, March 10, 2026. #freedomofreligion #religiousliberty | |||
| The First Amendment vs Government Overreach: The Church Autonomy Doctrine with Rachel Morrison | 06 Mar 2026 | 00:40:39 | |
Does the government have legal authority to control and investigate Churches and religious organizations? In this episode of the Napa Legal Podcast, Frank DeVito is joined by Rachel Morrison (from the Ethics and Public Policy Center) to explain how the First Amendment and the Church Autonomy Doctrine protect religious organizations from government interference. They discuss a recent amicus brief submitted to the US Supreme Court on Rachel's behalf in United States Conference of Catholic Bishops v. O’Connell. The brief urges the Court to hear a case that will determine if religious organizations can immediately appeal denials of church autonomy doctrine defenses. Rachel was an attorney for the Equal Employment Opportunity Commission (EEOC) and brings a unique perspective on the Commission's workings. She explains how EEOC investigations can impose serious costs on and distract churches from their missions. Rachel is currently a Fellow at the Ethics and Public Policy Center (EPPC), where she directs EPPC’s Administrative State Accountability Project. An attorney, her legal and policy work focuses on religious liberty, health care rights of conscience, the right to life, nondiscrimination, and civil rights. Key Moments: 0:45 Introduction 2:21 What is the Church Autonomy Doctrine and the Ministerial Exception? 6:47 How Does it Function: Jurisdictional Bar vs. Affirmative Defense and 17:55 How Unjust Government Investigations Burden Religious Organizations 27:54 USCCB v. O’Connell - The Peter's Pence Case 🡢 What is the dispute? 🡢 Why does it matter? 🡢 How could it impact religious organizations across the country? 36:24 The Administrative State Accountability Project and Upholding Religious Liberty For more of the Napa Legal Podcast, visit our website here: https://www.napalegalinstitute.org/the-napa-legal-podcast To learn more about Napa Legal and our work, visit us at our website: https://www.napalegalinstitute.org The Napa Legal Podcast, March 6, 2026 | |||
| 10 Commandments in Public Schools? Court's Decision Explained, Plus More Religious Liberty Updates | 03 Mar 2026 | 00:33:56 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain if the Establishment Clause is violated by posting the 10 Commandments in public schools, Washington's laws that give the state power over parents who refuse to affirm their children's mental illness, and Montgomery County's recent $1.5 million payout to families after Mahmoud v. Taylor. In this episode, we discuss: 1:23 A recent ruling that Louisiana's law requiring the 10 Commandments to be in every public school classroom does not facially and in all circumstances violate the First Amendment. This dispute is likely to be back in the courtroom as schools begin to follow the state's law. The dissent attempted to bring back the now-disavowed Lemon test. 14:34 A lawsuit against several laws in Washington that enable state-run shelters to hide and perform sex-rejecting procedures on kids that run away from home. Several states, led by Florida and Idaho, recently filed a brief urging the US Supreme Court to take up the case. 26:18 The fallout from Mahmoud v. Taylor - Montgomery County recently agreed to pay $1.5 million to parents and to follow the Supreme Court's order to restore opt-outs from sexually explicit material in the classroom. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Religious freedom, religious liberty, Roake v. Brumley, Stone v. Graham, Lemon v. Kurtzman, Kennedy v. Bremerton, transgenderism, parental rights, free exercise, Religion Clauses. The Napa Legal Podcast, March 3, 2026. #freedomofreligion #religiousliberty | |||
| Kansas' New "Bathroom Bill" And More First Amendment Lawsuits: February 23, 2026 | 24 Feb 2026 | 00:36:58 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain a new First Amendment lawsuit, a case against a Buddhist temple that could impact Catholic seminaries and religious orders, and Kansas' new "bathroom bill." In this episode, we discuss: 1:17 A challenge to Colorado's Blaine Amendment, a law that prevents any state dollars from going to religious organizations. While the US Supreme Court has rendered such laws largely ineffective, Colorado's has never been challenged in court. 14:34 A former member of a Buddhist temple in San Francisco sued for uncollected wages. The lawsuit, which is pending before the California Supreme Court, hinges upon whether the ministerial exception applies to such claims. The case could have a major impact on Catholic seminaries and religious orders in the state. 28:12 The Kansas legislature recently overrode the governors veto of a law that makes it a crime to enter public bathrooms reserved for the opposite sex. The law also applies to locker rooms in public schools. It builds upon a 2023 state law that legally defined sex and an immutable characteristic tied to biology. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Free Exercise Jurisprudence, Carson v. Makin, Establishment Clause, Church Autonomy Doctrine, transgenderism. The Napa Legal Podcast, February 24, 2026. #freedomofreligion #religiousliberty | |||
| Jimmy Lai Sentencing, Pro-Lifers Under Attack, and Protecting Children: February 18, 2026 | 18 Feb 2026 | 00:30:05 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain the latest on Jimmy Lai's sentencing, lawsuits over sex-rejecting procedures at children's hospitals, and abortion law in Michigan. In this episode, we discuss: 1:17 Jimmy Lai, the 78-year-old Catholic advocate for democracy and human rights in Hong Kong, was recently sentenced to 20 years in a Chinese prison. His family has asked for continued prayers and notes that he has been supported by his faith. 9:10 A lawsuit brought by Rob Bonta against a children's hospital that decided to stop performing sex-rejecting procedures on minors in order to continue receiving federal funding. Bonta is seeking to force the hospital to continue offering such procedures and drugs. 18:28 A lawsuit against Michigan's law that prevents pro-life organizations from hiring only pro-life staff. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast Topics: Catholic advocacy, political persecution, free speech, free association, transgenderism, abortion law, Michigan Right to Life. The Napa Legal Podcast, February 18, 2026. #firstamendment #freespeech #abortionpill #prolife | |||
| "Detransitioner" Wins Novel Malpractice Lawsuit | More on Free Speech and Abortion Pills | 10 Feb 2026 | 00:32:31 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain a novel legal victory that will protect children from "transgender" surgeries, compelled speech in public schools, and a new lawsuit against abortion pill distribution. In this episode, we discuss: 1:11 A New York jury verdict awarding $2 million to Varian Fox, a 22-year old woman who received a double mastectomy at the behest of her psychologist to treat her mental illness despite clear underlying trauma. Fox has since "detransitioned" and sued her former psychologist and plastic surgeon for malpractice. 12:38 A recent ruling that upheld a compelled speech requirement in Montgomery County Public Schools. The Country forces all teacher to refer to students by any pronouns the children request, despite the First Amendment's guarantees of free speech and religious exercise. 22:56 A novel lawsuit from a father in Texas against an abortion pill provider that facilitated the death of his two unborn children. This case is the latest in the fight between pro-life and pro-abortion states over whether or not practitioners can mail mifepristone across state lines. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast For our latest episode discussing free speech in public schools: https://www.napalegalinstitute.org/podcast-episodes/doj-asks-court-to-delay-lawsuit-against-mailing-abortion-pills-the-first-amendment-and-more Topics: Transgender ideology, Westchester county, first amendment, Pickering Connick test, Smith, neutral and generally applicable, religious discrimination, mail-order abortions. The Napa Legal Podcast, February 10, 2026. #firstamendment #freespeech #abortionpill #prolife | |||
| DOJ Asks Court to Delay Lawsuit Against Mailing Abortion Pills, The First Amendment, and More | 03 Feb 2026 | 00:28:22 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain a lawsuit over mail-order abortions, free speech in public schools, and the public display of statues depicting two Catholic saints. In this episode, we discuss: 1:20 The Department of Justice's latest intervention in a lawsuit over whether or not doctors can mail abortion pills without any in-person visits. 9:41 A new petition to the Supreme Court from a high school Students for Life Chapter that was censored and shut down after posting event flyers. 20:23 A case before the Massachusetts Supreme Court over the city's attempt to install statues of Saints Michael and Florian to inspire first responders. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast For our episode discussing free speech in public schools: https: //www.napalegalinstitute.org/podcast-episodes/latest-scotus-oral-arguments-free-speech-win-in-schools-kim-davis-case-ends Topics: Mifepristone, misoprostol, Liz Murrill, Louisiana v. FDA, Department of Justice, Free Speech, First Amendment, Tinker, Hazelwood, Establishment Clause, John Adams, Church and State. The Napa Legal Podcast, February 3, 2026. #firstamendment #prolifemovement #legalnews | |||
| New York Backs Down on Forcing Nuns to Fund Abortions | Pro-Life & SCOTUS News: January 27, 2026 | 27 Jan 2026 | 00:32:11 | |
Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain new legal and policy updates involving New York's abortion mandate, the Church Autonomy Doctrine and COVID restrictions, and Illinois' abortion referral requirements. In this episode, we discuss: 1:23 New York's recent settlement with a group of Catholic nuns, Dioceses, and other churches over the state's requirement for religious organizations to pay for abortions in Albany v. Harris after a decade of litigation. 11:57 A cert petition from a church that was fined over $1 million for violating restrictions imposed during COVID-19 asking the Supreme Court to expand the Church Autonomy Doctrine and overturn Smith. 22:59 A letter from HHS explaining how Illinois' abortion referral requirement for all doctors violates federal law. For more about Napa Legal and our work, visit our website here: https://www.napalegalinstitute.org For more of the Napa Legal podcast, visit our site here: https://www.napalegalinstitute.org/the-napa-legal-podcast For our recent episode featuring Andrea Picciotti-Bayer, visit us here: https://www.napalegalinstitute.org/podcast-episodes/religion-in-american-society-law-culture-and-freedom-with-guest-andrea-picciotti-bayer For our episode with Fr. Tad Pacholczyk, visit us here: https://www.napalegalinstitute.org/podcast-episodes/religious-freedom-in-healthcare-with-fr-tad-pacholczyk Topics: Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission, Fulton v. City of Philadelphia, abortion mandate, Free Exercise, Establishment of Religion, Establishment Clause, freedom of religion, religious liberty, ministerial exception, Tandon v. Newsom, abortion referral requirement, medical conscience rights. The Napa Legal Podcast, January 27 2026. #firstamendment #prolifemovement #legalnews | |||