It was December of 1777, and General Washington's Continental Army was limping into a moderately hilly area in Eastern Pennsylvania near a steel works equipped with a “forge” in the valley below. At this point in the war, it was uncertain whether the American experiment would survive. At Valley Forge, soldiers from different states, different backgrounds, and different temperaments would eventually learn to work, train, and drill together—slowly transforming and unifying before the next season of fighting. If you’ve ever seen the movie Remember the Titans, you’ll understand the familiar story. By June 1778, many changes had been made, and Washington’s army emerged as a professional force ready to turn the tide of the war.
Since 2024, the JRCLS has held a fellowship for law students, recent graduates, and emerging advocates at the Founding Forward campus near Valley Forge. The location is not coincidental. It emphasizes the prerequisite framework for the continued existence of religious liberty in America, that people of different beliefs must come together to make this thing work. Fellows come from around the world to participate in learning about and deciding how to protect and extend the right of free exercise of religion, not just in America, but worldwide.
Learning to Argue Both Sides of an Issue
On Tuesday afternoon, after a morning of rapid-fire instruction on the Free Exercise and Establishment Clauses—the history, the doctrine, and the key cases—we broke into groups for oral arguments. The hypothetical: a state law mandating the posting of the Ten Commandments in public schoolrooms is challenged by an interfaith group of parents on both Free Exercise and Establishment Clause grounds. Each group of fellows was assigned to argue both sides.
The discussion was passionate but respectful. Fellows demonstrated willingness to grapple with the constitutional issues and to resist the easy comfort of arguing from personal belief—something that religious liberty advocacy and good lawyering requires. We learned to reason and create arguments based on case, statutory, and constitutional law in the process. What made it more remarkable was that many fellows came with little-to-no legal experience but were still able to think on their feet and confidently engage in meaningful debate.
The Supreme Court’s Religious Liberty Jurisprudence and Building Bridges
Another highlight was a review of U.S. Supreme Court case law followed by a panel discussion. We walked through the arc of religious liberty jurisprudence, with particular emphasis on the Roberts Court. What emerged was that cases have grown in number, sophistication, and judicial reception in recent years. It seems clear we are living in a moment of unusual legal significance for religious freedom, shaped in no small part by a Supreme Court whose members bring sincere religious conviction to their work. While the cases decided by the Supreme Court have been critical for religious liberty, the uptick in cases also seems to demonstrate that religious liberty is increasingly tested at the state and local level.
The panel discussion that followed centered on the intersection of LGBT+ rights and religious freedom—a topic that for many generates strong emotions. The conversation recounted the origins of the Respect for Marriage Act, born partly in response to the end of Roe v. Wade. The conversation was enlightening. The notion that the stakes are a zero-sum contest—that every gain for one side is a loss for the other—was challenged. The conversation transcended the familiar extolling of the virtues of a pluralistic society; rather, our thoughts were directed to the fundamental need for mutual respect for divergent beliefs and culture in the face of state or federal pecuniary retaliation that threatens religious organizations who seek religious exemptions. Legislation like the state-level Fairness for All bills, the federal Respect for Marriage Act, and similar efforts demonstrate that communities of faith and LGBT+ individuals can and should avoid “king of the hill” tactics that are reminiscent of the evils from which the anti-establishment clause grew out of—and which the Framers were loathe to propagate in their fledgling nation.
Fellows were also introduced to data on the net-positive effects of religious expression on human flourishing in the workplace. It was a reminder that the case for religious liberty is not just the protection of what we do on our Sabbaths and within the walls of our home. It can also extend into places traditionally believed to be off-limits, such as the workplace. The data indicates what most religious people already know—that living in harmony with the tenets of your faith and being able to talk openly about what you believe has a positive effect on you and your work performance. The part that we did not expect is that corporate America is beginning to clue in to this phenomenon and many companies are leading their respective industries in turning that traditional wisdom on its head. It seems that when you can be your authentic, religious self in the workplace, without fear of retaliation, work product and performance increases and so does the bottom line.
Action Plans
On Thursday, fellows presented the beginnings of their personal plans to promote religious liberty in their respective spheres of influence. The plans were informed by the experiences over the previous three days at the fellowship. We discussed our plans and offered suggestions to other fellows on their plans, too.
We were also encouraged throughout the week to become active in our local legislatures, to raise our voices on issues that often go unnoticed—the coercion of medical professionals asked to perform procedures that violate their moral convictions, for instance, or the protection of indigenous religious practices, or the quiet erosion of campus religious freedom. The message was consistent: a credible, informed voice at the right moment, in the right room, can help build a country that is genuinely hospitable to faith, and in doing so, can serve as a model for the world.
Below are a few quotes from fellows after presenting their action plans and reflecting on the fellowship:
Elijah from Alabama. “I think my favorite part about the fellowship so far is the people. I’m convinced that the most interesting people in the world are here in Philadelphia this week. They’re people of all different types or backgrounds, with many accomplishments, and it really makes it an intellectually fascinating experience. We don’t always agree on religion or how to protect religious liberty, but it’s clear that everybody here has something to bring to the table and has taught me something.”
Annarose from Tanzania. “I’m a district court judge back in my country in Tanzania. In Africa, religious liberty is not spoken of very much, so me being here [as] the first student to join BYU Law School through the LLM program for international students, and the first student to join this fellowship from Tanzania, I know that I can bring a lot of impact in east Africa, Tanzania, and all over the world, because I will carry the lessons I’ve learned here to my colleagues back in my country. I believe that in this world, we have to treat each other equally, no matter our religion or beliefs. We need to respect others, because me, you, and everyone, we are the children of God.”
Peter from Utah. “While I understood the importance, or had begun to understand the importance [of religious liberty] prior to the fellowship, I didn’t really have a technical understanding of the issues that were at hand. So, walking out of here with the ability to look at an issue or something that I think might be an issue and understand why and what I can possibly do to help [address] the problem or protect those who may be in issue, I think is huge. I’m really excited to see how this changes my ability to impact others and move forward with my own life and personal beliefs with vigor and excitement to share.”
During our tour of Valley Forge, we were introduced to a patriot from history named Baron Friedrich von Steuben, a Prussian military officer who served as Washington’s Inspector General of the Army. His contributions to the Continental Army cannot be overstated. Von Steuben's genius was in taking soldiers from thirteen different states—men with no shared tradition of military discipline—and giving them a common language of drill, order, and professionalism. We looked out over the fields where regiments practiced week after week, building the habits that would eventually allow them to meet the British as peers. Among von Steuben’s many qualities was his hands-on approach of teaching the soldiers how to fight effectively, rather than simply barking orders.
Similarly, the JRCLS Religious Liberty Fellowship provides mentors to the fellows to help them achieve their goals and promote this cause. Fellows leave with tools, a network, and a mission. The work is good, the cause is just, and the future is bright so long as we are dedicated and disciplined in our efforts and never take these freedoms for granted.