Marci Hamilton

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Marci A. Hamilton
Professor Marci A. Hamilton.jpg
CEO and Academic Director, CHILD USA
Born (1957-07-22) July 22, 1957 (age 67)
Education Vanderbilt University, Pennsylvania State University, University of Pennsylvania School of Law
Occupation(s)Constitutional Law, First Amendment, Religion and the Law
Website www.childusa.org

Marci Ann Hamilton (born July 22, 1957) is the chief executive officer and academic director at Child USA, an interdisciplinary think tank to prevent child abuse and neglect. She is also a scholar of constitutional law and Robert A. Fox Leadership Program Distinguished Scholar and Professor of Practice at University of Pennsylvania with dual appointments [1] to Department of Political Science [2] in Penn's College and Graduate School and Penn's Law School. [3] She is an advocate for the enforcement of the Establishment Clause of the United States Constitution. [4] Hamilton also promotes adequate protection for minors, individuals and landowners who suffer as a result of actions which are claimed to be constitutionally protected on religious grounds. Hamilton is critical of provisions within Federal and State Religious Freedom Restoration Acts. [5]

Contents

Background and ideas

Hamilton received her Bachelor of Arts degree from Vanderbilt University in 1979. She then earned a master's degree at Pennsylvania State University and a juris doctor from the University of Pennsylvania Law School, where she was editor-in-chief of the Law Review.

Hamilton served as a law clerk for Justice Sandra Day O'Connor of the Supreme Court of the United States [6] and Chief Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit. [6]

She was the lead counsel for the city of Boerne, Texas, in Boerne v. Flores before the U.S. Supreme Court.

Hamilton is a critic of the Utah Attorney General's office for not vigorously prosecuting polygamists in the state. She indicated that arguments against prosecution based on due process violations and alleged violations of religious freedom had no merit. [7] However, this position has been criticized as one based on legal theory that ignores the reality of limited amounts of evidence and limited government resources. [8]

Hamilton is vocal about her standing as a religious believer and cites examples where religion is a significant benefit to human society. She further asserts that religious liberty deserves accommodation as long as such accommodation complies with the "no harm principle". Hamilton argues that state and church separation are vital to religious liberty. She bases this contention on the record of religious diversity among the framers of the constitution and their distrust of government sanctioned religion in the "old world". Hamilton is critical of legislation that is passed under the guise of protecting religious liberty while, in her opinion, create unintended and unreasonable consequences. [5] [9]

In 2016, Hamilton founded Child USA, a Philadelphia-based nonprofit think tank that provides scholarship on issues of child abuse and medical neglect. Child USA brings together educators and students to uncover the hidden and false assumptions that are endangering children. The think tank works to study the issues, track societal and legislative responses and trends, provide expert testimony to explain the issues to legislators and policymakers, and to educate the public. Hamilton currently serves as the chief executive officer and Academic Director.

Advocacy

Hamilton advocates limiting legal exemptions on religious grounds, with the intended purpose of creating greater protection for individuals who may face:

  1. Clergy abuse from within the Roman Catholic Church, the Jehovah's Witnesses, the Fundamental Church of Jesus Christ of Latter Day Saints and other religious organizations. [10] [11] [12]
  2. Medical neglect and denial of science-based medicine for minor children by such groups as Christian Scientists and others, when the parents claim religious grounds for such denial. [13] [14]
  3. Abuse brought upon women as result of plural or polygamous marriage. [15] [16]
  4. Denial of federally mandated medical insurance provisions for employees as a result of employer's claims of religious exemption. [17] [18]
  5. Unreasonable disruptions to residential neighborhoods due to religious groups' claims of exemption from zoning laws. [19] [20]

Media appearances

Hamilton appeared on The Daily Show in 2005 to discuss her book God vs. the Gavel. In this interview she highlights the existence of laws that offer criminal and civil protection for those who seek "faith healing" rather than traditional medicine for those under their care. She also notes the public cost of litigation to defend against claims of prisoners seeking unique religious accommodation. [21]

Hamilton has also made appearances on Anderson , [22] Good Morning America , [23] The Today Show , [23] Lou Dobbs Tonight , [23] The Center For Inquiry's Point of Inquiry Podcast, [5] The O'Reilly Factor [23] as well as local news stations.

Selected publications

See also

Related Research Articles

<span class="mw-page-title-main">First Amendment to the United States Constitution</span> 1791 amendment limiting government restriction of civil rights

The First Amendment to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.

<span class="mw-page-title-main">Freedom of religion</span> Human right to practice, or not, a religion without conflict from governing powers

Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the right not to profess any religion or belief or "not to practise a religion".

<span class="mw-page-title-main">Judiciary</span> System of courts that interprets and applies the law

The judiciary is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.

<span class="mw-page-title-main">Toleration</span> Allowing or permitting a thing, person, or idea of which one disapproves

Toleration is when one allows or permits an action, idea, object, or person that they dislike or disagree with.

<span class="mw-page-title-main">Parody religion</span> Constructed mock religion

A parody religion or mock religion is a belief system that challenges the spiritual convictions of others, often through humor, satire, or burlesque. Often constructed to achieve a specific purpose related to another belief system, a parody religion can be a parody of several religions, sects, gurus, cults, or new religious movements at the same time, or even a parody of no particular religion – instead parodying the concept of religious belief itself. Some parody religions emphasise having fun; the new faith may serve as a convenient excuse for pleasant social interaction among the like-minded.

Elk Grove Unified School District v. Newdow, 542 U.S. 1 (2004), was a case decided by the U.S. Supreme Court. The lawsuit, originally filed as Newdow v. United States Congress, Elk Grove Unified School District, et al. in 2000, led to a 2002 ruling by the United States Court of Appeals for the Ninth Circuit that the words "under God" in the Pledge of Allegiance are an endorsement of religion and therefore violate the Establishment Clause of the First Amendment to the United States Constitution. The words had been added by a 1954 act of Congress that changed the phrase "one nation indivisible" into "one nation under God, indivisible". After an initial decision striking the congressionally added "under God", the superseding opinion on denial of rehearing en banc was more limited, holding that compelled recitation of the language by school teachers to students was invalid.

<span class="mw-page-title-main">Religious Freedom Restoration Act</span> 1993 United States federal law

The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488, codified at 42 U.S.C. § 2000bb through 42 U.S.C. § 2000bb-4, is a 1993 United States federal law that "ensures that interests in religious freedom are protected." The bill was introduced by Congressman Chuck Schumer (D–NY) on March 11, 1993. A companion bill was introduced in the Senate by Ted Kennedy (D-MA) the same day. A unanimous U.S. House and a nearly unanimous U.S. Senate—three senators voted against passage—passed the bill, and President Bill Clinton signed it into law.

City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.

Wisconsin v. Jonas Yoder, 406 U.S. 205 (1972), is the case in which the United States Supreme Court found that Amish children could not be placed under compulsory education past 8th grade. The parents' fundamental right to freedom of religion was determined to outweigh the state's interest in educating their children. The case is often cited as a basis for parents' right to educate their children outside of traditional private or public schools.

The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

Jehovah's Witnesses believe that God's kingdom is a literal government in heaven, ruled by Jesus Christ and 144,000 "spirit-anointed" Christians drawn from the earth, which they associate with Jesus' reference to a "new covenant". The kingdom is viewed as the means by which God will accomplish his original purpose for the earth, transforming it into a paradise without sickness or death. It is said to have been the focal point of Jesus' ministry on earth. They believe the kingdom was established in heaven in 1914, and that Jehovah's Witnesses serve as the kingdom's representatives on earth.

Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990), is a United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts performed in pursuit of religious beliefs, they are not required to do so.

<span class="mw-page-title-main">Criticism of religion</span>

Criticism of religion involves criticism of the validity, concept, or ideas of religion. Historical records of criticism of religion go back to at least 5th century BCE in ancient Greece, in Athens specifically, with Diagoras "the Atheist" of Melos. In ancient Rome, an early known example is Lucretius' De rerum natura from the 1st century BCE.

Writ is a legal commentary website on the topic of the law of the United States hosted by FindLaw. The website is no longer adding content, having published its last entry in August 2011. Before then, Writ published at least one new column by one of its regular columnists every business day, and frequently posted a second column by a guest columnist. The regular columnists were all notable attorneys. Almost all contributors are law professors; some are former law clerks from the U.S. Supreme Court; some are past or present federal prosecutors; one is a former Counsel to the President; one is a novelist, and one is the current director of the Terrorism and Counterterrorism Program of Human Rights Watch. The guest columnists also tend to be law professors or seasoned attorneys. When the website was still producing new content, columnists commented both on notable ongoing court cases and recent court decisions, as well as on current events.

Sherbert v. Verner, 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted with her religion.

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<span class="mw-page-title-main">Children's Healthcare is a Legal Duty</span> American nonprofit organization

Children's Healthcare Is a Legal Duty (CHILD) was from 1983 to 2017 an American nonprofit membership organization that worked to stop child abuse and neglect based on religious beliefs, cultural traditions, and quackery. CHILD opposed religious exemptions from child health and safety laws. These exemptions have been used as a defense in criminal cases when parents have withheld lifesaving medical care on religious grounds. These exemptions also have discouraged reporting and investigation of religion-based medical neglect of children and spawned many outbreaks of vaccine-preventable diseases and deaths. CHILD publicized the ideological abuse and neglect of children, lobbied for equal protection laws for children, and filed lawsuits and amicus curiae briefs in related cases.

Law and religion is the interdisciplinary study of relationships between law, especially public law, and religion. Over a dozen scholarly organizations and committees focussing on law and religion were in place by 1983, and a scholarly quarterly, the Journal of Law and Religion, was first published that year. The Ecclesiastical Law Journal began publication in 1987. The Rutgers Journal of Law and Religion was founded in 1999. The Oxford Journal of Law and Religion was founded in England in 2012.

<i>Caviezel v. Great Neck Public Schools</i>

Caviezel v. Great Neck Public Schools, 500 Fed. Appx. 16 (2012), is a decision of the United States Court of Appeals for the Second Circuit upholding the denial of a religious exemption to mandatory vaccination sought by a parent who claimed to adhere to a non-denominational religious view without a formal doctrine.

References

  1. ↑ https://www.law.upenn.edu/live/files/7004-marci-hamilton accessed February 2, 2024
  2. ↑ https://live-sas-www-polisci.pantheon.sas.upenn.edu/people/marci-hamilton accessed February 2, 2024
  3. ↑ https://almanac.upenn.edu/volume-66-number-8#angela-duckworth-marci-hamilton-distinguished-daughters-of-pa accessed February 2, 2024
  4. ↑ "Cardozo.yu.edu". Archived from the original on 2008-12-20. Retrieved 2009-03-07.
  5. 1 2 3 Grothe, D.J. (3 February 2006). "Marci Hamilton-Religion and the Rule of Law". Center For Inquiry . Retrieved 23 March 2014.
  6. 1 2 "Cardozo Law Marci Hamilton Bio" . Retrieved 18 May 2014.
  7. ↑ Hamilton, Marci. "The Rescue of Children from the FLDS Compound in Texas: Why the Arguments Claiming Due Process Violations and Religious Freedom Infringement Have No Merit". FindLaw . Retrieved 18 May 2014.
  8. ↑ Report on Hamilton statements at a University of Utah law school sponsored debate Deseret News
  9. ↑ Hamilton, Marci (2005). God vs. the Gavel: Religion and the Rule of Law . Cambridge University Press. p. ebook location 3814 and locations 1456–1826. ISBN   9780521853040.
  10. ↑ Hamilton, Marci (2005). God vs. the Gavel: Religion and the Rule of Law . Cambridge University Press. p. ebook locations 181–415. ISBN   9780521853040.
  11. ↑ "Legal firm advocacy page" . Retrieved 6 April 2014.
  12. ↑ Hamilton, Marci (10 January 2013). "Football, Sexual Assault, and the Web: The End of the Institutional Cover-ups of Sexual Abuse and Assault". Justia.com. Retrieved 6 June 2014.
  13. ↑ Survivors for Justice. "Q@A with Marci Hamilton" . Retrieved 6 April 2014.
  14. ↑ Hamilton, Marci (2005). God vs. the Gavel: Religion and the Rule of Law . Cambridge University Press. p. ebook locations 421–530. ISBN   9780521853040.
  15. ↑ Hamilton, Marci (20 July 2011). "Sister Wives: An Illustration of Why Polygamy Is, and Should Be, Illegal". Justia.com. Retrieved 6 April 2014.
  16. ↑ Hamilton, Marci (2005). God vs. the Gavel: Religion and the Rule of Law . Cambridge University Press. p. ebook locations 862–1022. ISBN   9780521853040.
  17. ↑ Editorial Board (Feb 5, 2014). "A Missing Argument on Contraceptives". New York Times. Retrieved 6 April 2014.
  18. ↑ Hamilton, Marci. "Amicus brief RE: Health and Human Services vs Hobby Lobby Stores" (PDF). Retrieved 6 April 2014.
  19. ↑ American Constitution Society (7 October 2010). "Cardozo Law Professor Marci A. Hamilton on Flaws of Religious Land Use Law". YouTube . Archived from the original on 2021-12-21. Retrieved 6 April 2014.
  20. ↑ Hamilton, Marci (2005). God vs. the Gavel: Religion and the Rule of Law . Cambridge University Press. p. ebook locations 1027–1445. ISBN   9780521853040.
  21. ↑ Thedailyshow.com
  22. ↑ What Laws Need to Change to Protect Victims of Child Abuse? Archived 2012-04-03 at the Wayback Machine
  23. 1 2 3 4 "Patheos.com, M. Hamilton Bio and History".
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