For two days, scholars, practitioners, activists and law students gathered at the West Virginia University College of Law to discuss The Religion Clauses in the 21st Century at a symposium co-sponsored by ACS and the law school April 12-13, 2007.

The symposium helped to kick off the initiation of ACS’ Religion Clauses Issue Group, founded to address the fact that few subjects in American constitutional law capture the public’s interest and inflame its passions more than the First Amendment's Religion Clauses. Whether the issue is state-sponsored religious expression, taxpayer funding of faith-based social service programs, or the proper balance between religious freedom and the regulatory state, disputes about the proper interpretation of the Establishment and Free Exercise Clauses continue to provoke public controversy and scholarly reexamination. The last two decades have seen significant changes in the Supreme Court’s interpretation of both Clauses, and now the U.S. Supreme Court led by new Chief Justice John Roberts is poised to put its own distinctive stamp on the law of church and state. Participants in the conference had a chance to explore these topics and more.

The gathering featured four substantive panel discussions on key topics in religion clauses jurisprudence. University of Michigan Law Professor Douglas Laycock delivered the keynote address, entitled Substantive Neutrality Revisited. Florida State University School of Law Professor Steven G. Gey gave the featured address on Life After the Establishment Clause.

Video of each session is available in the ACS Multimedia Library. Proceedings from the symposium also will be published in Volume 110 of the West Virginia Law Review.

Thursday, April 12
Welcome and Introductory Comments:

• Dean John W. Fisher, II, West Virginia University College of Law
• Lisa Brown, American Constitution Society

• Moderator, Charles R. DiSalvo, West Virginia University College of Law
• Ira C. Lupu and Robert W. Tuttle, George Washington Law School, Instruments of Accommodation: The Military Chaplaincy and the Establishment Clause
• Kristi L. Bowman, University of Mississippi School of Law, Free Exercise Rights in Public Schools
• Commentator, Steven K. Green, Willamette University College of Law
• Commentator, John E. Taylor, West Virginia University College of Law

• Douglas Laycock, University of Michigan School of Law, Substantive Neutrality Revisited

• Moderator, Anne Marie Lofaso, West Virginia University College of Law
• Frederick M. Gedicks, J. Reuben Clark Law School, BYU, Believing, Disbelieving, Barely Believing
• Daniel O. Conkle, Indiana University School of Law, The Establishment Clause and Religious Expression in Governmental Settings: Four Variables in Search of a Standard
• Commentator, Steven D. Smith, University of San Diego School of Law
• Commentator, William P. Marshall, University of North Carolina School of Law

• Moderator, Melody Barnes, Center for American Progress
• Kent Greenawalt, Columbia University School of Law, Establishment Clause Limitations on Free Exercise Accommodations
• Angela C. Carmella, Seton Hall University School of Law, Unifying the Religion Clauses: Religious Exemptions and the Common Good
• Commentator, Carl H. Esbeck, University of Missouri School of Law,
• Commentator, Laura S. Underkuffler, Duke University School of Law

• Steven G. Gey, Florida State University School of Law, Life After the Establishment Clause

• Moderator, Gerald G. Ashdown, West Virginia University College of Law
• Naomi R. Cahn, George Washington University Law School, Deep Purple? The Religious Shades of Family Law
• Martha M. Ertman, George Washington University Law School, The Story of Reynolds v. U.S.: Polygamy and Race Treason
• Eduardo M. Peñalver, Cornell University Law School, Is Public Reason Counterproductive?
• Commentator, Vivian E. Hamilton, West Virginia University College of Law
• Commentator, Robert M. Bastress, West Virginia University College of Law

• William P. Marshall, University of North Carolina School of Law