The Yale Law Journal


Fresh Salvos in the Conscience Wars

15 Mar 2016
First Amendment

Religious-liberty and First Amendment scholars respond to Douglas NeJaime & Reva B. Siegel, Conscience Wars: Complicity-Based Conscience Claims in Religion and Politics, 124 Yale L.J. 2516 (2015).


Religious Liberty for Politically Active Minority Groups: A Response to NeJaime and Siegel

Douglas Laycock

Introduction Douglas NeJaime and Reva Siegel have offered an elaborately reasoned argument against claims of conscience with respect to healthcare and marriage, claims that they call “complicity-based conscience claims.”1 I appreciate that they have avoided some of the exaggerations o…


Reconstructing RFRA: The Contested Legacy of Religious Freedom Restoration

Martin S. Lederman

Introduction Almost every member of Congress voted to approve the Religious Freedom Restoration Act of 1993 (RFRA),1 a bill endorsed by an unprecedented coalition of dozens of religious and civil rights organizations spanning the political and ideological spectrum.2 President Clinton quip…


RFRA and First Amendment Freedom of Expression

Robert Post

I have very little expertise in the Religious Freedom Restoration Act (RFRA)1 or in the underlying constitutional law of freedom of religion that RFRA seeks to codify. I therefore venture into the debate surrounding Douglas NeJaime and Reva B. Siegel’s Conscience Wars: Complicity-Based Co…


Questioning Justice: Law and Politics in Judicial Confirmation Hearings

Robert Post & Reva Siegel

Senate confirmation hearings for Supreme Court nominees have in recent years grown increasingly contentious. Nominees have refused to answer questions about their constitutional views on the ground that any such interrogation would compromise the constitutional independence of the judiciary. This Ar…


Nervous Victors, Illiberal Measures

Sherif Girgis

Douglas NeJaime and Reva B. Siegel’s Conscience Wars1 is an exemplar of a dying breed: a progressive piece that takes religious freedom seriously for political foes in the sex-and-reproduction culture wars. In just one generation, those battles have turned religious liberty, that cons…