This conference puts on the table two linked questions: Can Hosanna-Tabor be reconciled with Employment Division v. Smith and, if so, on what basis? Let me say straightway that I have at most an amateur’s understanding of constitutional law and jurisprudence. I bring to our questions some intuitions about the best framework for thinking about them, and whatever light my home discipline of political theory can shed on them. I have also benefitted enormously from Christopher Lund’s splendid law review article on the topic of this conference.
William A. Galston,
Why The Ministerial Exception Is Consistent With Smith—And Why It Makes Sense,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol53/iss1/6