Search for: "R. Shawn Gunnarson, James Phillips and Christopher Bates"
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18 Jan 2026, 8:29 pm
I'm delighted to report that R. [read post]
20 Jan 2026, 5:27 am
[A textualist interpretation of Section 702 shows that the exemption applies when a religious employer confines employment to people who fit the employer's religious observances, practices, and beliefs.] In this second post summarizing our new article, we explain how textualism offers a compelling interpretive lens for reading the religious employer exemption of Title VII. Besides revealing the liberty-equality tensions discussed in Part 1, a close reading of Section 702's text vividly… [read post]
22 Jan 2026, 5:01 am
[Rejecting a textualist reading of Section 702 in favor of a cramped co-religionist privilege would raise serious First Amendment objections.] In this fourth post on our recently published article, we explain how a textualist reading of Section 702 avoids serious constitutional questions under Title VII. Church Autonomy The First Amendment Religion Clauses guarantee a religious organization autonomy "with respect to internal management decisions that are essential to the institution's… [read post]
21 Jan 2026, 5:01 am
[A textualist reading of the Title VII religious employer exemption resolves a long-running circuit split.] This is the third in a series of five posts discussing our recent article in the BYU Law Review on Title VII's religious employer exemption. In the last post we explained how a textualist reading of the religious employer exemption shows that the exemption applies when a religious employer confines employment to people who fit the employer's religious observances, practices, and… [read post]
19 Jan 2026, 5:01 am
[Understanding Title VII as a law designed to advance both liberty and equality helps to illuminate the statute's religious employer exemption.] Last month, the BYU Law Review published our article entitled Religious Employment and the Tensions between Liberty and Equality. We appreciate this opportunity to offer a five-part series summarizing the article's key points. Religious employment is a vital aspect of religious freedom. A church needs employees who are fully committed to the… [read post]
23 Jan 2026, 5:01 am
[Common objections to a textualist reading of Section 702 are unpersuasive.] In this final installment of our series on religious employment under Title VII, we address common objections to the textualist interpretation we describe in our BYU Law Review article. Each objection fails because it ignores Section 702's text or conflates statutory exemptions with constitutional doctrines. We conclude by expressing appreciation for Congress's handiwork—a statute that pursues equality and… [read post]
