Parental Rights at the Supreme Court & Defining Religion in Law: Mirabelli and More (March 10, 2026)

March 10, 2026

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Episode Summary

Welcome to the Napa Legal Podcast, where we discuss religious liberty from the perspective of faith-based nonprofits. In this week's episode, Frank DeVito and Joseph Clement explain what a proper legal definition of "religion" needs to do, parental rights at the Supreme Court, and why statements of faith are so important for religious employers.

In this episode, we discuss:

1:30 McCutchan v. Nicholson - A case brought by a secular humanist association that is seeking to have its members officiate weddings in Texas. The case, which is currently at the Fifth Circuit, offers the courts an opportunity to clarify what groups are legally eligible for First Amendment protections. Frank and Joseph also discuss the history of religion at the American Founding.

11:47 Mirabelli v. Bonta - The US Supreme Court recently ruled that California's parental exclusion policy likely violates the First and Fourteenth Amendments. The policy requires public school staff to "socially transition" young children and lie to parents who object. They also discuss substantive due process and the views of the sitting Justices.

26:11 Kuilema v. Calvin University - A professor at Calvin University was fired after officiating a same-sex transgender "wedding." He sued the University, which claims that its religious nature protects it in this lawsuit, despite the school's doctrinal differences with the denomination that started it. This case is a great example of why religious organizations need to be clear about the content of their beliefs. This case is currently active at the Michigan Supreme Court.

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