We Dissent
We Dissent
Rebecca Markert
We Dissent is a monthly law podcast hosted by two secular women, who are also attorneys at the Freedom From Religion Foundation and Americans United for Separation of Church and State. Join us as we discuss developments affecting the separation of church and state in the US Supreme Court and lower federal courts. We'll also explore other advocacy work we do to help atheists and other nonreligious people outside the courtroom. We know there are so many atheist podcasts and legal podcasts and you have a lot to choose from, but we hope you'll join us, the only legal podcast for atheists and agnostics hosted completely by women lawyers. We can't wait to start these conversations.
State Legislative Roundup with Rachael Stryer
Alison, Liz, and Rebecca welcome AU Public Policy Counsel Rachael Stryer to review what came out of the state legislative sessions this year. They survey the laws state legislatures passed to force religion into public schools, use religion to discriminate against LGBTQ people, and divert public money to private religious schools.    Show Notes Rachael Stryer's AU Bio  Organized Power in Numbers  American Atheists - State of the Secular States  Legislative trackers AU ACLU Mapping Attacks on LGBTQ Rights in U.S. State Legislatures  Congressional Scorecards See your state ACLU for regional legislative tracking Action Alerts FFRF AF AU National Women's Law Center ACLU Bills and Cases Discussed Ten Commandments Displays in Schools Alabama (SB 99) Tennessee (HB 47) Ongoing Lawsuits FFRF AU Prayer in Schools Alabama (HB 511): Requiring public schools to allow student-led prayer and requiring the pledge of allegiance Idaho (HB 623): Requiring a 60 second moment of silence for prayer or meditation at the beginning of the school day Chaplains Alabama (HB 8): Permitting school boards to adopt policies allowing volunteer school chaplains into schools Release Time Info on LifeWise  AU: "Release time is a problem for church-state separation"  FFRF Action Fund: "State Issue: LifeWise Academy/Release Time"  Classroom Instruction and Curriculum Policies Tennessee (SB 1828): Requires public school history curriculums to teach about the positive impact of religion on American history and the influence of Judeo-Christian values Idaho (S 1336) and Utah (HB 312 and SB 268): Requiring curricula to teach the influence of Christianity in American history Vouchers Espinoza v. Montana Department of Revenue (2020) Carson v. Makin (2022) Columbus City School District v. State of Ohio Wisconsin PTA et al vs. Wisconsin State Assembly et al Healthcare Refusal Utah (SB 174) and Iowa (HF 571): Gives healthcare providers and religious healthcare institutions the right to refuse to provide services that violate religious beliefs.  Foster Care and Adoption  Indiana (HB 1389): Allows government-funded child placement agencies to use religion as a justification for refusing to work with families, youth in care, and prospective parents. And to allow adoptive or foster parents the right to "raise a child in a manner consistent with [their] sincerely held religious beliefs." Elizabeth Rutan-Ram et al. v. Tennessee Department of Children's Services et al (AU) Anti-Sharia law Tennessee (HB 2279), Florida (HB 1471), Iowa (HF 2695), and Idaho (H 602) Arkansas (SR 21)   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.
May 19
57 min
Pronatalism with Emily Martin
Alison, Liz, and Rebecca take on the far-right pronatalism movement with guest Emily Martin, NWLC's Chief Program Officer. They explain the movement's history of racism, sexism, and eugenics, the alarming support it has in the Trump administration, and what truly pro-family policy would look like.  Background Emily Martin's Bio National Women's Law Center Sign up for alerts here National Women's Law Center - "Baby Bonuses and Motherhood Medals: Why We Shouldn't Trust the Pronatalist Movement" Heritage Foundation - Saving America by Saving the Family: A Foundation for the Next 250 Years  New York Times - "The Heritage Foundation Wants to Send American Women Back Half a Century" Ms. Magazine - "Trump's Pronatalist Agenda Weaponizes Motherhood to Push Women Out of Public Life"   CNN Politics - "Hegseth invited pastor who calls for Christian theocracy to lead Pentagon prayer service"  Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.
Apr 16
54 min
The Supreme Court Tackles Trans Sports Bans with Shiwali Patel
We Dissent welcomes guest Shiwali Patel, Senior Director of Education Justice at National Women's Law Center, who walks us through the anti-trans sports ban cases currently before the Supreme Court, Little v. Hecox and West Virginia v. B.P.J. We discuss the history of Title IX and why the attack on trans sports participation is really an attack on the basis of this critical nondiscrimination law.    Background Shiwali Patel's bio National Women's Law Center Previous trans rights episodes Episode 16 – Sex on the Brain: the Assault on Trans People with Sasha Buchert Episode 38 – Skrmetti v. U.S. NWLC Amicus SCOTUSblog - "The justices and gender pronouns" SCOTUSblog - "Supreme Court appears likely to uphold transgender athlete bans" Cases Little v. Hecox SCOTUSblog Oral argument transcript West Virginia v. B.P.J. SCOTUSblog Oral argument transcript   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.
Mar 25
1 hr 1 min
Our Federal Courts with Alison Gill
We Dissent welcomes back Alison Gill as co-host! Alison shares what she's been up to since leaving the pod, and then walks Rebecca and Liz through the state of our federal bench. We discuss federal judicial nominations from the recent presidential administrations and what it has meant or means for religious liberty and other civil rights. Show Notes National Women's Law Center Harvard Journal of Law & Public Policy: Per Curiam - "Not Enough Respect For The Judiciary—or Too Much? Arrogance And The Myth Of Judicial Supremacy" New York Times - "Trump's 'Superstar' Appellate Judges Have Voted 133 to 12 in His Favor"   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  
Feb 20
50 min
Message to Listeners
There's no new episode this month, instead we have a special message for our listeners. We're excited to announce that Alison Gill is returning to the podcast starting in February! Additionally, the National Women's Law Center is going to be a co-sponsor of We Dissent moving forward. We have a lot of great episodes planned for 2026 and can't wait to share them with you.   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.
Jan 16
1 min
Religion Behind Bars Reprise: Landor v. Louisiana
Rebecca and Liz explain Landor v. Louisiana, the Supreme Court case that will decide whether a Rastafarian inmate who'd grown his dreadlocks for 20 years can sue the Louisiana prison officials who handcuffed him to a chair, held him down, and forcibly shaved him in violation of the law. They dive deep on the statute at issue in the case, the legal history leading up to this litigation, and what the oral arguments signaled. They also highlight some Supreme Court docket news!    Submit Listener Questions Here!   Case updates Cambridge Christian School v. Florida High School Athletic Association Davis v. Ermold   Background SCOTUSblog case page Previous episodes about RLUIPA Episode 4 – Religious Liberty and the Death Penalty Episode 11 – Religion Behind Bars SCOTUSblog - "Court appears skeptical of prison inmate's religious liberty claim" A Guide To Federal Religious Land Use Protections AU's amicus brief Cert petition  Transcript of oral arguments   Cases Discussed Tanzin v. Tanvir Employment Division v. Smith City of Boerne v. Flores Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  
Dec 17, 2025
1 hr
"Conversion Therapy" at the Supreme Court
Liz and Rebecca cover Chiles v. Salazar, the case before the Supreme Court seeking to strike down a Colorado law banning mental health professionals from practicing "conversion therapy" on children. They explain the details of the case and discuss the hypocrisy of a ruling striking down the ban. They also recount the October 7th oral arguments, where the majority of justices signaled support for a ruling that will nullify state laws in half the country protecting LGBTQ youth from these discredited harmful practices.   Background Oral argument transcript Tenth Circuit Opinion  SCOTUSblog page Amicus briefs Americans United FFRF SCOTUSblog - "Does Colorado's "conversion therapy" ban violate free speech?" The Trevor Project - "Chiles v. Salazar: What you need to know about the U.S. Supreme Court case on conversion therapy" The American Psychiatric Association's position on conversion therapy  The American Psychological Association's position on conversion therapy The American Medical Association's position on conversion therapy  "LGBTQ Policy Spotlight: From Conversion "Therapy" Laws Protecting LGBTQ Youth" Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.
Nov 19, 2025
1 hr 7 min
Stone Unturned: Courts have never allowed Ten Commandments in public schools
Rebecca and Liz break down the strong history of courts rejecting government attempts to display Ten Commandments in public schools. They explain the seminal 1980 case Stone v. Graham, the SCOTUS cases since then reinforcing that precedent, and the growing number of states passing blatantly unconstitutional laws that force public schools to display Ten Commandments.    Background "Louisiana May Require the Ten Commandments Be Posted in Classrooms"   Cases Stone v. Graham (1980) Van Orden v. Perry (2005) McCreary County v. ACLU (2005) Louisiana: Roake v. Brumley (2024) Complaint District Court Opinion Joint Statement 5th Circuit Opinion FFRF Case Page AU Case Page Arkansas: Stinson v. Fayetteville School District No. 1 (2025) Complaint District Court Opinion Joint Letter FFRF Case Page AU Case Page Texas: Rabbi Nathan v. Alamo Heights Independent School District (2025) Complaint Preliminary Injunction Joint Letter FFRF Case Page AU Case Page Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.  
Oct 16, 2025
1 hr 6 min
100 years of monkey business: the Scopes trial centennial
Rebecca and Liz commemorate the 100th anniversary of the Scopes Trial. They discuss the infamous "monkey" trial, and the history of teaching evolution in public schools. An "everything old is new again" episode, showing the impact of the Scopes trial throughout the last century and digging into the latest attempts by Christian Nationalists to inject religious teachings into science curriculum.  Background Original text of the Butler Act 2025 Scope Trial Centennial speakers' presentations - FFRF  The Legacy of the Scopes Monkey Trial 100 years later - Americans United The Scopes "Monkey" Trial with Brenda Wineapple - Freethought Matters Cases State of Tennessee v. John T. Scopes (1925) Edwards v. Aguillard (1987) Kitzmil­ler v. Dover Area School District (2004) Epperson v. Arkansas (1968)   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.
Sep 17, 2025
46 min
Hoodwinked: Health Care Sharing Ministries with Sarah Levin
Rebecca and Liz explore health care sharing ministries (HCSMs) with guest, Sarah Levin. Sarah guides us through this religious billion dollar industry. We discuss what HCSMs are and what they are not, and why we need to push for them to have transparency. Background and Resources Bio for Sarah Levin  Sarah's email: [email protected] Secular Strategies Secular Coalition for America Center for Freethought Equality, HCSMs toolkit Secular Strategies HCMS Slides Last Week Tonight with John Oliver (HBO) - "Health Care Sharing Ministries" The Actuary Magazine - "Health Care Sharing Ministries" Southern Poverty Law Center - "ADF supports donor, trade group for controversial health care sharing industry" Samaritan Ministries - "Guidelines for Health Care Sharing"   Check us out on YouTube, Instagram, Facebook, Bluesky, and X. Our website, we-dissent.org, has more information as well as episode transcripts.
Aug 22, 2025
1 hr 2 min
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