Religion and the Law Symposium in Orange County

​On April 23, 2025, the California Orange County Chapter hosted its 21st Annual Religion & the Law Symposium at Chapman University Dale E. Fowler School of Law. Professor Joshua McDaniel, Faculty Director of the Religious Freedom Clinic at Harvard Law School, addressed an audience of nearly 100 participants (in person and online) on the topic, “New Threats and New Opportunities: Religious Freedom in a Second Trump Term.”

McDaniel, an Orange County native, reviewed recent favorable decisions from the U.S. Court of Appeals for the 9th Circuit regarding religious school clubs (Fellowship of Christian Athletes v. San Jose USD) and federal funding for special needs students at private religious schools (Loffman v. California Department of Education). He also highlighted the unanimous decision in Huntsman v. Corporation of the Bishopric, which found no misrepresentation of funding sources by The Church of Jesus Christ of Latter-day Saints for a building project in Salt Lake City, Utah.

McDaniel’s presentation also included a summary of free exercise cases before the United States Supreme Court, including Mahmoud v. Taylor, a pending case which considers parents’ rights to opt out children from educational programming in conflict with religious upbringing. He mentioned that Eric Baxter, a member of the Law Society, capably represented the plaintiffs during oral argument, which occurred the day before the symposium.

McDaniel also explained that polarization in the U.S. Congress moves power toward the executive branch. He indicated that executive orders regarding religious exercise are “not enduring” because they create a political tug-of-war between Administrations, as evidenced in President Trump’s crack down on church-sponsored migrant aid. McDaniel stated that in contrast to using executive orders to effectuate religious freedom policies, lasting religious protections come through bi-partisan legislation.

Speaking of his transition from being a litigator to starting a religious freedom clinic at Harvard, McDaniel said he felt “cold called” when approached about creating the clinic. However, he shared that he enjoys providing hands-on experience to law students of diverse faiths through the clinic. McDaniel noted his clinic clients have included Old Order Amish (contesting fines for refusing to put electric lights on buggies) and Apache Stronghold (protecting a sacred site from copper mining). 

McDaniel additionally shared that he finds religious freedom clinical work both fascinating and meaningful, and his insightful presentation provided participants an opportunity to consider important religious freedom issues being addressed in U.S. courts.