William C. Duncan
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Brown v. Labresh
A court cannot add language to a constitutional provision and then use the judicially amended version to resolve disputes under the law.
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The constitutional case for Utah Fits All
The Utah Supreme Court is reviewing a challenge to education scholarships for families in need. A careful reading of the Utah constitution shows the Legislature has clear authority to support students beyond the public school system.
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A New Year’s resolution worth keeping: Restoring the balance between states and Washington
Federal spending shortfalls and agency “guidance” are shifting costly obligations to states. Utah lawmakers consider new transparency to protect state budgets.
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Religious liberty doesn’t end at the college classroom door
Recent campus controversies raise a key question: should students’ grades suffer for following their religious conscience?
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St. Mary v. Roy
Through targeted regulations on religious schools, Colorado not only burdens the free exercise of petitioners. The majority of private schools in the State are religious and those who choose to operate consistent with the teachings of their faith about marriage and sexuality are also…
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Why the Supreme Court should rein in lawfare against nonprofits
The Supreme Court’s First Choice v. Platkin case highlights how lawfare threatens donor privacy, free speech, and religious nonprofits.
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Colorado’s troubling trend on religious liberty
Colorado’s recent policies have repeatedly burdened religious citizens and schools. New court cases may again test the state’s approach to religious freedom.
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In redistricting dispute, don’t lose focus on the constitution
Beyond the political noise, Utah’s redistricting ruling raises fundamental questions about judicial overreach and fidelity to constitutional text.
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Patterson v. Roy
The burdens imposed by the Department’s targeted denial of an exemption are not felt only by the Academy. They are also experienced by other private schools who seek to operate consistently with a religious mission.
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Who’s accountable when religious freedom is violated?
A former prisoner’s lawsuit over a forced haircut is now before the Supreme Court, raising a crucial question: Can government officials be held accountable for violating religious freedom?