The First Amendment in the Aftermath of NIFLA and Masterpiece
Northwestern Student Chapter
Northwestern Pritzker School of Law
375 E Chicago
Chicago, IL 60611
375 E Chicago
Chicago, IL 60611
Senior Counsel, First Liberty Institute
Jordan Lorence is Senior Counsel in FLI’s Washington, D.C. office, where he represents First Liberty in strategic efforts promoting religious liberty, and works on important First Amendment projects and litigation, including those at the U.S. Supreme Court.
Lorence has a long career of litigating religious liberty cases since 1984. He has worked for many public interest law firms, including Alliance Defending Freedom, Home School Legal Defense Association, the North Star Legal Center and Concerned Women for America.
He has worked on important religious liberty cases. Lorence worked on school choice cases at the Supreme Court, such as Witters v. Washington Department of Services for the Blind (1986), and Trinity Lutheran (2016), which laid the foundation for First Liberty’s crucial win in Carson v. Makin (2022), requiring Maine to include religious schools in its school choice program.
Lorence argued before the U.S. Supreme Court in Regents of the University of Wisconsin v. Southworth (2000). He represented prolife Christian law students from the University of Wisconsin Law School who objected to the University’s requirement that they pay a mandatory student fee that funded the advocacy of student pro-abortion groups. Other Supreme Court cases Lorence has worked on include NIFLA v. Becerra (2018), protecting prolife pregnancy centers from a California statute requiring them to post signs explaining how pregnant women could obtain state-funded abortions; Masterpiece Cakeshop (2017), involving a Christian cake artist sued by the State of Colorado for declining to design a case celebrating the wedding of a same-sex couple and other cases such as Christian Legal Society v. Martinez (2012), Rosenberger v. University of Virginia (1995), Hurley v. GLIB (1995) and Lamb’s Chapel v. Center Moriches Center Moriches School District (1993).
Churches and other religious groups in New York City obtained the right to rent vacant public schools on weekends to conduct worship services after Lorence’s tenacious 20 years of litigation in Bronx Household of Faith. Lorence won protection for churches facing eviction from discriminatory zoning ordinances in Minnesota in Cornerstone Bible Church v. City of Hastings, Minnesota (1991). He also argued at the New Mexico Supreme Court one of the first cases in the nation defending a Christian wedding photographer charged by the State of New Mexico with discrimination for declining to create photos celebrating the commitment ceremony of a lesbian couple in Elane Photography v. Willock (2013).
Lorence defended home schooling families from intrusive school officials during his time working at Home School Legal Defense Association (HSLDA) in the 1980s and 1990s. HSLDA also tasked Lorence with establishing a sister organization in Canada to protect home schooling families there. He traveled extensively in Canada from British Columbia to Prince Edward Island speaking to families how they could protect their right to home school under relevant Canadian law.
Lorence earned his undergraduate degree in journalism from Stanford University and his law degree from the University of Minnesota, his home state. Lorence was born and raised in Minnesota, where he worked one summer building Mighty Dump trucks at Tonka Toys in Mound, Minnesota. For two years immediately after he graduated from law school, Lorence served as the head administrator for a Minnesota Senate committee.
He speaks extensively on First Amendment and other legal issues. Lorence has spoken at least 75 law schools and many legal conferences. Prominent publications such as the Wall Street Journal, the Washington Post and others have printed his opinion pieces on key legal issues involving religious liberty and freedom of speech. He has appeared on such media outlets as Fox News, CNN, National Public Radio, NBC’s Today Show, BBC radio and many others.
Lorence and his wife Marilyn have been married 40 years. They live in the Washington, D.C. area where they raised their seven children.
Professor and D’Alemberte Chair in Constitutional Law, Florida State University College of Law
Alexander Tsesis is the D’Alemberte chair in constitutional law at the Florida State University College of Law. He is also the general editor of the Cambridge Studies on Civil Rights and Civil Liberties and the Oxford Theoretical Foundations in Law. Tsesis’ scholarship and teaching focus on a breadth of subjects, including constitutional law, civil rights, constitutional reconstruction, interpretive methodology, free speech theory, and legal history.
Tsesis’ most recent book is Free Speech in the Balance (Cambridge University Press 2020). His previous books include Constitutional Ethos: Liberal Equality for the Common Good (Oxford University Press 2017) and For Liberty and Equality: The Life and Times of the Declaration of Independence (Oxford University Press 2012), We Shall Overcome: A History of Civil Rights and the Law (Yale University Press 2008), The Thirteenth Amendment and American Freedom (New York University Press 2004), and Destructive Messages: How Hate Speech Paved the Way for Harmful Social Movements (New York University Press 2002). He also edited a collection of essays in Promises of Liberty (Columbia University Press 2010). The subjects of his articles range from cyber speech, constitutional interpretation, civil rights law, and human rights. They have appeared or will appear in a variety of law reviews across the country, including the Boston University Law Review, Columbia Law Review, Cornell Law Review, Minnesota Law Review, Northwestern University Law Review, Southern California Law Review, Stanford Law Review, and Vanderbilt Law Review.