Richard C. Schragger
Micah J. Schwartzman

Hobby Lobby and the Establishment Clause: Amicus Brief

CO-AUTHORS Nelson Tebbe


The New York Times has an editorial endorsing the position that we and a number of other church-state scholars have taken in an amicus brief recently filed in Sebelius v. Hobby Lobby, and that we have blogged and written about previously (here, here, and here). In the brief, which was led by Fred Gedicks, we argue that a religious exemption that permits for-profit employers to shift significant costs of observing their religion to employees who do not share the same religious views violates the Establishment Clause.


Richard C. Schragger, Micah J. Schwartzman & Nelson Tebbe, Hobby Lobby and the Establishment Clause: Amicus Brief, Balkinization (February 7, 2014).

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