Senior Counsel, First Liberty Institute
Stephanie N. Taub serves as Senior Counsel with First Liberty Institute, focusing on litigation, appellate advocacy, and legal education.
While at First Liberty, her article on the rights of faith-based organizations under Title VII of the Civil Rights Act of 1964 has been published in the Texas Review of Law and Politics. She has also authored pieces published in National Review, the Daily Signal, the Washington Times, the Des Moines Register, and the New York Daily News. In 2017, Taub was named one of 15 recipients of the James Wilson Fellowship in natural law.
Before joining First Liberty, Taub worked as a law clerk to the Honorable Reed O’Connor in the U.S. District Court of the Northern District of Texas.
Taub is a Harvard Law School graduate in the class of 2014 and a Blackstone Fellow in the class of 2012. During law school, she served as Co-President of the HLS Christian Fellowship and Managing Technical Editor of the Harvard Human Rights Journal. Taub spent her law school summers defending religious liberty in public interest law firms and clerking in the Texas Office of Solicitor General.
For her undergraduate studies at the University of Southern California, Taub graduated summa cum laude, majoring in Business Administration with a minor in Philosophy.
Counsel, First Liberty Institute
Kayla Toney is Associate Counsel with First Liberty Institute, concentrating on religious liberty matters and First Amendment rights for clients of all faiths.
Prior to joining First Liberty, Kayla litigated religious freedom cases as a Constitutional Law Fellow at the Becket Fund for Religious Liberty. She clerked for Judge Gregory E. Maggs on the U.S. Court of Appeals for the Armed Forces, where she gained valuable experience in the military justice system. Kayla also worked as a litigation associate in the D.C. office of Winston & Strawn LLP, where she enjoyed working on pro bono religious liberty matters.
Kayla earned her law degree from George Washington University, where she served as president of the Federalist Society chapter, a member of the GW International Law Review, and a writing fellow. She graduated summa cum laude from Grove City College with a degree in history and economics.
A native of Michigan, Kayla is based in First Liberty’s Washington, D.C. office and is licensed to practice law in Virginia and D.C.
Garwood Visiting Professor and Visiting Fellow, James Madison Pr, Cleveland-Marshall College of Law
David F. Forte is Professor of Law at Cleveland State University, where he was the inaugural holder of the Charles R. Emrick, Jr.- Calfee Halter & Griswold Endowed Chair. This fall, Professor Forte will be the Garwood Visiting Professor at Princeton University in the Department of Politics, and Visiting Fellow at the James Madison Program in American Ideals and Institutions. He holds degrees from Harvard College, Manchester University, England, the University of Toronto and Columbia University.
During the Reagan administration, Professor Forte served as chief counsel to the United States delegation to the United Nations and alternate delegate to the Security Council. He has authored a number of briefs before the United States Supreme Court, and has frequently testified before the United States Congress and consulted with the Department of State on human rights and international affairs issues. His advice was specifically sought on the approval of the Genocide Convention, on world-wide religious persecution, and Islamic extremism. He has appeared and spoken frequently on radio and television, both nationally and internationally. In 2002, the Department of State sponsored a speaking tour for Professor Forte in Amman, Jordan, and he was also a featured speaker to the Meeting of Peoples in Rimini, Italy, a meeting which gathers over 500,000 people from all over Europe. He has also been called to testify before the state legislatures of Ohio, Kansas, and Idaho as well as the New York City Council. He has assisted in drafting a number of pieces of legislation for the Ohio General Assembly dealing with abortion, international trade, and federalism. He has sat as acting judge on the municipal court of Lakewood Ohio and was chairman of Professional Ethics Committee of the Cleveland Bar Association. He has received a number of awards for his public service, including the Cleveland Bar Association’s President’s Award, the Cleveland State University Award for Distinguished Service, the Cleveland State University Distinguished Teaching Award, and the Cleveland-Marshall College of Law Alumni Award for Faculty Excellence. He served as Consultor to the Pontifical Council for the Family under Pope St. John Paul II and Pope Benedict XVI. In 2003, Dr. Forte was a Distinguished Fulbright Chair at the University of Trento and returned there in 2004 as a Visiting Professor. For the academic year, 2008-2009, Professor Forte was Senior Visiting Scholar at the Center for the Study of Religion and the Constitution in at the Witherspoon Institute in Princeton, New Jersey. He was the Robert E. Henderson Constitution Day Lecturer at the Ashbrook Center at Ashland University, and he has given over 300 invited addresses and papers at more than 100 academic institutions. His work has been cited by the U.S. Supreme Court.
Professor Forte was a Bradley Scholar at the Heritage Foundation, and Visiting Scholar at the Liberty Fund. He has been President of the Ohio Association of Scholars, was on the Board of Directors of the Philadelphia Society, and is also adjunct Scholar at the Ashbrook Center. He has been appointed to the Ohio State Advisory Committee to the U.S. Commission on Civil Rights. He has also been a Civil War re-enactor and a Merit Badge Counselor for the Boy Scouts.
He writes and speaks nationally on topics such as constitutional law, religious liberty, Islamic law, the rights of families, and international affairs. He served as book review editor for the American Journal of Jurisprudence and has edited a volume entitled, Natural Law and Contemporary Public Policy, published by Georgetown University Press. His book, Islamic Law Studies: Classical and Contemporary Applications, has been published by Austin & Winfield. He is Senior Editor of The Heritage Guide to the Constitution (2006), 2d edition (2014), published by Regnery & Co, a clause by clause analysis of the Constitution of the United States.
His teaching competencies include Constitutional Law, the First Amendment, Islamic Law, Jurisprudence, Natural Law, International Law, International Human Rights, the Presidency, and Constitutional History.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Senior Counsel, Schaerr Jaffe LLP
Ken Klukowski is senior counsel at the law firm Schaerr Jaffe, focusing on constitutional, administrative, and election law, and the federal courts. He has served in politically appointed positions in the U.S. government, including senior counsel in the Civil Division of the U.S. Department of Justice, and prior to that in the White House as special counsel in the Office of Management and Budget. He was also the constitutional rights advisor on the Presidential Transition Team of President Donald J. Trump. In the private sector, he has worked as a senior fellow of the American Constitutional Rights Union, senior counsel at First Liberty Institute, and a legal journalist. He litigates constitutional cases in the U.S. Supreme Court and lower federal courts, and contributes to media coverage of the nation’s highest court and legal issues. Earlier in his career, Klukowski served as special deputy attorney general of Indiana, and worked on faculty at Liberty University School of Law. His academic works have been published by journals such as the Federalist Society’s Harvard Journal of Law & Public Policy, and his columns have appeared in the Wall Street Journal and other national publications. His amicus briefs and nine law review articles have been cited by various federal courts and top legal journals. He has participated in numerous Supreme Court cases, and lectured and debated at 100 law school events nationwide. Klukowski received his bachelor’s degree from the University of Notre Dame, studied history at Arizona State University, earned his law degree from Scalia Law School at George Mason University, and served as a law clerk to Chief Judge Alice Batchelder on the U.S. Court of Appeals for the Sixth Circuit.
Senior Counsel, Vice President of Allied Legal Affairs, Alliance Defending Freedom
Brett Harvey serves as senior counsel and vice president of Allied Legal Affairs with Alliance Defending Freedom.
Since joining ADF in 2000, Harvey has coordinated the efforts of the volunteer network of attorneys who collaborate with ADF. In 2002, his role expanded to direct the grant program. To date, Harvey and his team have awarded approximately $54 million in grant funds to thousands of legal projects and cases, many of which have set national and multinational precedents.
Harvey leads the Allied Legal Affairs team, which is dedicated to creating opportunities for attorneys aligned with the ADF mission to actively engage in the protection and promotion of religious liberty. Harvey and his team focus on recruitment, professional engagement, and integration of allies into ADF’s advocacy efforts, including coordinating amicus efforts at state supreme courts, circuit courts, and the U.S. Supreme Court.
Harvey has also litigated in a variety of state and federal courts, focusing on the protection of life and religious freedom. Most notably, he successfully spearheaded a national litigation strategy culminating in Town of Greece v. Galloway, in which the U.S. Supreme Court upheld the freedom of Americans to pray at public meetings.
Harvey earned his J.D. in 1995 from the Walter F. George School of Law at Mercer University in Georgia. He is admitted to the bar in the states of Arizona, Colorado, Florida, Georgia, and Virginia. He has also been admitted to practice before the U.S. District Court in Colorado, the U.S. Courts of Appeals for the 4th, 6th, 9th, 10th, and 11th Circuits, and the U.S. Supreme Court.
Senior Counsel, Alliance Defending Freedom
Joel L. Oster serves as senior legal counsel with Alliance Defending Freedom at its Kansas City Regional Service Center in Kansas, where he plays a significant role in litigation efforts defending church autonomy. Before joining Alliance Defending Freedom in 2004, he earned his J.D. from the University of Kansas School of Law. Oster is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts, and has practiced law since 1997.
A Cord of Three Strands: How Kennedy v. Bremerton School District Changed Free Exercise, Establishment, and Free Speech Clause Doctrine
Stephanie Taub, Kayla Ann Toney
In 2015, Bremerton High School football coach Joseph Kennedy lost his job for kneeling at...
Topics
Kennedy v. Bremerton School District’s Effect on the Establishment Clause
On June 27, 2022, the U.S. Supreme Court decided Kennedy v. Bremerton School District. In...
We Are Free for a Reason
David F. Forte
A review of Free to Believe: The Battle Over Religious Liberty in America, by Luke...
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Topics
Religious Liberty after Scalia
Some people opine that Antonin Scalia was not a friend of religious liberty, and that...
In Whose Name We Pray: Restoring the Establishment Clause in Town of Greece v. Galloway
Kenneth A. Klukowski
Note from the Editor: This article is a discussion about the Establishment Clause issue in...
Who Said That?: A Simple Question That May Change the Way Courts View Legislative Prayer
Brett Harvey, Joel Oster
Related Opinions & Briefs: • Petition for Writ of Certiorari, Town of Greece v. Galloway:...