School
Expertise
Robert A. Destro is Professor of Law at The Catholic University of America’s Columbus School of Law in Washington, D.C. He has been a member of the CUA Law faculty since 1982, served as Interim Dean from 1999-2001, and as Director of the University’s Institute for Policy Research and Catholic Studies from 2017-2019.
President Donald J. Trump nominated him to serve as Assistant Secretary of State for Democracy, Human Rights, and Labor and the U.S. Senate confirmed his appointment on September 18, 2019. As Assistant Secretary, he led the State Department’s worldwide policy and foreign assistance programs on human rights and democracy issues such as free and fair elections, Internet freedom, and the growth of the surveillance state. His work on labor issues focused on State Department and inter-agency efforts to ensure that business supply chains do not include goods or services produced by slave or forced labor. He also served as the State Department’s Special Representative for Tibetan Issues.
In the domestic sphere, Professor Destro has been an advisor to churches and religious organizations from a variety of religious traditions, and is regularly involved in cases raising civil rights issues from free speech and free exercise, to employment law and tax policy. From 2004-2006, he served as Special Counsel to then-Ohio Secretary of State, Ken Blackwell, on voting rights and election security issues. From 1983 to 1989, he served as a Commissioner on the United States Commission on Civil Rights, where he led the Commission's discussions in the areas of discrimination on the basis of disability, national origin and religion. From 1977-1982, he served as General Counsel to the Catholic League for Religious and Civil Rights, and from 1975-1977, was an associate at Squire, Sanders & Dempsey in Cleveland. With Michael S. Ariens, he was co-author of RELIGIOUS LIBERTY IN A PLURALISTIC SOCIETY (2d ed. 2001), and is a prolific writer on legal issues.
Professor Destro was born and raised in Akron, Ohio. He received his Bachelor of Arts Degree in 1972 from Miami University in Oxford, Ohio, and his law degree (J.D.) in 1975 from the University of California, Berkeley. He is an active member of the Bar in Ohio and an inactive member of the Bar in California. Professor Destro lives in Arlington, Virginia with his wife Brenda. They have two adult children, Gina and Mark.
Research and Writing
BOOKS
Religious Liberty in a Pluralistic Society. Durham, North Carolina: Carolina Academic Press, 1996 (with Michael S. Ariens).
BOOK CHAPTERS
2017
“Genocide, Statecraft and Domestic Geopolitics”, in Ronald Rychlak & Jane Adolphe, eds., THE PERSECUTION AND GENOCIDE OF CHRISTIANS IN THE MIDDLE EAST: Historical, Legal, and Policy Concerns (Angelico Press, 2017).
Foreword, Ordinary Americans & the Politics of Power, in Robert G. Marshall, Reclaiming the Republic (St Benedict Press, 2017)
2016
Principal Author, Country Report, “Religious Freedom in the United States”, Aid to the Church in Need: pp. 741-48
“Genocide against Christians in the Middle East: A report submitted to Secretary of State John Kerry by the Knights of Columbus and In Defense of Christians” (March 2016) at:
“The Ethics of Lawyers and Judges”, in Ronald Rychlak, ed., American Law from a Catholic Perspective: Through a Clearer Lens (Rowman & Littlefield Publishers, 2015)
2007
Lessons in Legal and Judicial Ethics from Schiavo: The Special Responsibilities of Lawyers and Judges in Cases Involving Persons with Severe Cognitive Disabilities, in The Criminal Justice System and Health Care (Charles A. Erin & Suzanne Ost eds., 2007) at 137-163, later published as: “Learning Neuroscience the Hard Way: The Terri Schiavo Case and the Ethics of Effective Representation”, 78 (4) Mississippi Law Journal 101-171 (2009).
2006
John T. Ford, Robert A. Destro, Charles R. Dechert, Religion in Public Life (Vol. II): Religion and Political Structures: From Fundamentalism to Public Service (Council for Research in Values & Philosophy, 2005). Note: This is an edited collection of essays. I was a co-editor, and had a Book Chapter in the volume. It appears below.
2001
Agostini and the Politics of the Establishment Clause, in Marshall J. Breger and David M. Gordis, Vouchers for School Choice: Challenge or Opportunity? – An American Jewish Reappraisal (1998) 89-95.
1995
Work: The Human Environment, in G. Weigel & R. Royal, eds. Democracy, Capitalism, and Catholic Social Teaching (Eerdmans, 1993)
"A Non-Discrimination and Democratic Pluralism Perspective on The Role of Parental Choice in the Debate Over Educational Equity" in (W. Ball, et al.eds) In Search of a National Morality (Baker Book House, 1992)"
1991
Review Essay, "Whose Liberty? Articles of Faith, Articles of Peace: The Religious Liberty Clauses and the American Public Philosophy, edited by James Davison Hunter and Os Guinness", 8 J. Law & Religion 491 (1991)
"Targeting the Elderly: A Non-discrimination Perspective on Daniel Callahan's Setting Limits" in Set No Limits: A Rebuttal to Daniel Callahan's Proposal to Limit Health Care for the Elderly (Book Chapter 4), (University of Illinois Press, 1991)
Guaranteeing a Minimum Quality of Life Through Law: The Emerging Right to a Good Life, in Guaranteeing the Good Life: Medicine & the Return of Eugenics (R.J. Neuhaus, ed) 229 (Eerdmans, 1990), reprinted in 25 This World 73 (Spring, 1989) (Center on Religion & Society, The Rockford Institute). -- Reprinted in part, 1989 New Zealand Law Journal 318-321
1989
The Family and Public Policy in The Family Today and Tomorrow (Pope John XXIII Medical-Moral Research and Education Center, Braintree, Mass. 1985).
Religion: Establishment, Free Exercise and Abortion. The Role of Religion in the Abortion Controversy, in New Perspectives on Human Abortion (D. Horan ed) (University Publications of America 1981).
BOOK REVIEWS
1994
"The Supreme Court, the 'Facts of Life,' and the Moral Sensibilities of 'the Thoughtful Part of the Nation': A Review Essay of Liberty and Sexuality by David Garrow." Human Life Review 20 (1994): 28.
1993
"Review of Disability Discrimination in the Workplace by Gary Phelan and Janet B. Atherton." Trial 29, no. 9 (1993): 79.
1990
"Review of Articles of Faith, Articles of Peace: The Religious Liberty Clauses and the American Public Philosophy by James D. Hunter and O. Guinness." Christian Legal Society Quarterly 11 (Summer 1990): 16.
1978
"Review of Government by Judiciary by Raoul Berger." Human Life Review 4 (Fall, 1978).
JOURNAL ARTICLES
Review Essay: "Global Perspectives on Subsidiarity: On the Relationship of Faith to Citizenship, Culture, and the Structure of the Public Sphere,” 39 AUSTRALIAN J. OF LEGAL PHILOSOPHY
“You Have the Right to Remain Silent: Does the Constitution Require Public Affirmation of Same-Sex Marriage?” 27-2 B.Y.U J. Pub. L. 397-440 (2013).
“Learning Neuroscience the Hard Way: The Terri Schiavo Case and the Ethics of Effective Representation”, 78 (4) MISSISSIPPI LAW JOURNAL 101-171 (2009).
Convergence & Divergence: An American Perspective on the Proposed European Constitution, in 1 Direito Comparado Perspectivas Luso- Americanas (Dário Moura Vicente ed., 2006).
2003
Federalism, Human Rights, and the Realpolitik of Footnote Four, 12 Widener Law Review 373-457 (2003).
2000
Religious Liberty and the Politics of Judicial Review: A Pre-Election Review of the Cases Decided by the United States Supreme Court During Its 1999-2000 Term, 7 European Journal for Church and State Research (Revue européenne des relations Églises-Etat), 410-432 (2000).
“Régime des cultes et liberté religieuse en Europe: relectures américaines” (in French). “An American Perspective on Religious Liberty and Government Regulation of Religion in Europe.” Annales de Droit de Louvain 59, no 4 (1999): 391.
Law and the Politics of Marriage: Loving v. Virginia After 30 Years – Introduction to the Symposium, 47 Cath. U. Law Rev. 1207 (1998).
Is Roe v. Wade Obsolete? A Commentary on Developments in Law and Biotechnology, 24 Human Life Rev. 55 (1998).
Litigating Constitutional Defenses to Tort Claims: Do the Courts Take the First Amendment Seriously? 37 The Catholic Lawyer 101 (St. John’s Law School, Jamaica, New York) (1997).
1996
Developments in Liability Theories and Defenses, 37 Cath. Lawyer 83 355 (1996).
ABA and AALS Accreditation: What’s “Religious Diversity” Got to Do with It? 78 Marquette L. Rev. 427 (1995).
The Hostages in the ‘Hood, 36 Ariz. L. Rev. 785 (December 1994).
Does the Constitution Encompass a Right to Define Oneself Out of Existence? An Exchange of Views, 10 Issues in Law and Medicine 183-222 (1994).
Disability Discrimination in the Workplace edited by Gary Phelan and Janet Bond Arterton, Trial Vol. 29, Iss. 9, (Sep 1993) at 79.
"What Kind of Liberty? A Review of the Religious Liberty Cases of the United States Supreme Court During the 1988-89 Term" in Quaderni Di Diritto E Politica Ecclesiastica, University of Turin, Italy).
"Making Ourselves Understood," Christian Legal Society Quarterly 10:16-17 (Winter, 1990).
Developments in the Law of Church-State Relations: The 1987 Term of the United States Supreme Court, in Anuario de Derecho Eclesiastico del Estado (1989) (Faculty of Law, University of Madrid).
1987
Foreword, "The Religious Foundations of Civil Rights Law" and the Study of Law and Religion in an Interdisciplinary Framework" in Symposium, The Religious Foundations of Civil Rights Law, 5 J. Law & Rel. 39 (1987).
Pastoral Politics and Public Policy: Reflections on the Legal Aspects of the Catholic Bishops' Pastoral Letter on War and Peace, in Peace in a Nuclear Age (C. Reid ed. 1986), reprinted 4 J. Law & Rel. 25-61 (1987).
1986
"Set Race Aside," Policy Review (Fall, 1986).
Equality, Social Welfare and Equal Protection, 9 Harv. J. Law & Pub. Pol. 53 (1986).
Necessary Medical Care for the Retarded Child: The Case of Philip Becker, (with William A. Moeller) 6 Human Life Review 81 (Fall, 1980).
Social Values and the Federal Judiciary: The "Least Dangerous Branch" Unleashed, 6 Human Life Review 37 (Spring 1980).
Foreword, Symposium: Research on the Fetus, 22 Villanova L. Rev. 297 (1977).
"Abortion and the Constitution: The Need for a Life-Protective Amendment," 63 Calif. L. Rev. 1250 (1975), reprinted in part in Human Life Review (Fall, 1976).
Note, Due Process in Parole Release Hearings, 63 Calif. L. Rev. 266 (1975).
CONGRESSIONAL TESTIMONIES
2022
"Climate Change and Human Rights," Testimony before the Tom Lantos Human Rights Commission, United States Congress, July 28, 2022 (Prepared Statement & Graphics) (Remarks) ()
“Root Causes of Migration: Food Insecurity and the Right to Food in Central America,” Testimony before the Tom Lantos Human Rights Commission, United States Congress, Thursday, September 23, 2021
Conflict and Killings in Nigeria’s Middle Belt, Testimony before the Tom Lantos Human Rights Commission, United States Congress, Thursday, December 17, 2020 (Prepared Statement) (Remarks)
“Federal Obligations to Persons with Severe Brain Injuries,” Before the Subcommittee on Criminal Justice, Drug Policy & Human Resources, United States House of Representatives, Tuesday, April 19, 2005.
Testimony Before the House Subcommittee on Criminal Justice, Drug Policy, and Human Resources of the Committee on Government Reform on “Federal Health Programs and Those Who Cannot Care for Themselves: What are their Rights and our Responsibilities?” (April 19, 2005).
Testimony Before the House Select Committee on Children, Youth and Families, United States House of Representatives, "Confronting the Impact of Alcohol Labeling and Marketing on Native American Health and Culture -- First Amendment Issues," Washington, D.C., May 19, 1992.
Testimony Before the Committee on Labor and Human Resources, United States Senate on May 16, 1991, concerning the DHHS Rules Implementing Section 1008 of Title X of the Public Health Service Act, 42 U.S.C. §300a-6 and the free speech and medical ethics issues involved in Rust v. Sullivan, 111 S.Ct. 1759 (1991).
Testimony Before the Select Committee on Indian Affairs, United States Senate, regarding Incidents at the White River Apache Nation (Arizona), Tribal Sovereignty and the Indian Civil Rights Act, May 19, 1989.
Testimony Before the Subcommittee on Civil and Constitutional Rights, Committee on the Judiciary, United States House of Representatives, on Reauthorization of the United States Civil Rights Commission, April 27, 1989.
Testimony Before the Subcommittee on Commerce, Justice, State, the Judiciary & Related Agencies of the Committee on Appropriations, United States House of Representatives, on funding for Civil Rights Research, March 22, 1989.
Testimony Before the Subcommittee on Compensation and Employee Benefits of the Committee on Post Office and Civil Service, United States House of Representatives, on the Issue of Comparable Worth in "Options for Conducting a Pay Equity Study of Federal Pay and Classification Systems", 99th Cong. 1st Sess., June 18, 1985, (prepared statement remarks, and answers to written questions).
Testimony Before the Committee on the Separation of Powers, United States Senate Committee on the Judiciary on "The Law of Grandparents' Rights and Obligations: Custody, Guardianship, Adoption and Support", November 15, 1983.
Testimony Before the Committee on the Separation of Powers, United States Senate Committee on the Judiciary on S. 158 concerning the First Amendment and Legislative Attempts to Protect Prenatal Human Life, June 12, 1981, (prepared statement and remarks).
Testimony Before the Subcommittee on the Constitution, Senate Committee on the Judiciary on S. 2300 (Civil Rights Commission Authorization Act of 1978) at 252-371 (includes exhibits).
ESSAYS
2017
INTERVIEWS
2021
Interview Interview with Jill Dougherty, CNN International, “The First Muslim Congressman and the Separation of Church and State,” Monday, January 8, 2007.
OFFICIAL STATEMENTS
1989
1987
Concurring Statement, Report of the United States Commission on Civil Rights, Recent Activities Against Citizens and Residents of Asian Descent, May, 1986 (Clearinghouse Publication No. 88).
Concurring Statement on "Comparable Worth", Report of the United States Commission on Civil Rights, Comparable Worth: An Analysis and Recommendation, June, 1985.
Op-eds
2021
2017
Washington Times, July 26, 2017, Kurdistan: A proven sanctuary and 'safe haven' for refugees.
“The Establishment Clause”, in Symposium, “The Court After Scalia” on SCOTUSblog, September 12, 2016.
Reacting to the Massacre in Paris, “What’s the proper response? What should we be reflecting on? Some ideas.” National Review, (Symposium) Jan 8, 2015,
Iraq War Regrets?, Aug. 16 2014 (Symposium)
2013
Is Kurdistan an Iraqi success story?, Washington Post, Op-Ed, Mar. 21, 2013 (with A. Larry Ross).
“The Importance of “Everyday” Pro-Life Activism”, Columbia Magazine (January 2012). (as submitted, publication can be obtained if necessary)
2002
“School Choice Offers Needy Students Better Education” USA Today, February 18, 2002 (with Marshall Breger).
“Is Parochial School Choice Unconstitutional?” Wall Street Journal, Feb 27, 1996 (with Marshall J. Breger)
Four-part series: National Catholic Register, v. 71 n. 51-53 v. 72 n. 1
Religion Tips Scales in Supreme Court, December 17, 1995.
Sometimes It’s OK to Talk Faith, High Court Says, December 24, 1995.
1994
Should the RICO Statute be Applied to Abortion?: 1st Amendment Defenders are Strangely Silent, Op. Ed, Philadelphia Inquirer; Apr 2, 1994,
1988
The U.S. Civil Rights Commission’s Stake in the AIDS Battle, New York Times, May 18, 1988, (Letter to the editor signed by Chairman Clarence M. Pendleton, Jr., Vice-Chairman Murray Friedman, and Commissioners William B. Allen, Esther Gonzales Arroyo Buckley, and Robert A. Destro)
"The Worldly Court", Columbia Magazine, July, 1979 at 13.
Voice of the People: Courts and Abortion, Chicago Tribune, Jan 23, 1979,