Senior Litigation Counsel or Litigation Counsel

About Americans United
 
Americans United for Separation of Church and State is a nonpartisan educational and advocacy organization dedicated to advancing the constitutional principle of church-state separation as the only way to ensure freedom of religion, including the right to believe or not believe, for all of us. Founded in 1947, Americans United is a diverse and dynamic organization composed of people from all walks of life: lawyers and lobbyists, students and activists, religious leaders and impassioned Americans. AU includes people of faith and people who don’t profess any particular faith. It is a community that welcomes people of all genders, races, ethnicities, religions or beliefs, sexual orientations, ages, socioeconomic backgrounds, and abilities. Because we work on a wide variety of issues with many different communities, we value what diversity and diverse perspectives bring to our work.  

Position Summary 

The Senior Litigation Counsel or Litigation Counsel will be a forward-thinking, passionate advocate for change who is excited to collaborate with a dynamic team and organization, working together to fight for freedom without favor, and equality without exception.    

AU’s Legal Department litigates church-state issues in federal and state courts across the country, with a substantial practice before the federal courts of appeals and the U.S. Supreme Court. Most of our cases involve novel, cutting-edge First Amendment and other constitutional issues. In recent years, for example, we have litigated lawsuits and submitted amicus briefs challenging or opposing:  

• Coercive religious practices in the public schools. 

• Proselytizing by Trump-Vance Administration officials.
  

• Public funding of religious education. 

• Religion-based refusals by businesses, foster-care agencies, and government officials to provide services to LGBTQ+ people and religious minorities.  

• Religion-based efforts to deprive people of access to abortion and contraceptives.  

• Race-based and sex-based employment discrimination by religious employers.  

A significant portion of your time will be spent serving as lead counsel in trial and appellate litigation of church-state cases around the country. Your work will include defending the rights of women, LGBTQ+ people, and racial and religious minorities against religion-based discrimination and oppression. And you will fight to keep religion out of government—including through challenges to religious activities in public schools, public financing of religious institutions, and government-sponsored religion in the public square.  

Essential Duties & Responsibilities

• Serve as lead counsel in church-state cases throughout the country.  

• Serve as principal counsel for Americans United in church-state cases co-counseled with pro bono
  teams from law firms or with other public-interest organizations.  

• Draft and edit pleadings and briefs, take depositions, deliver oral arguments, conduct trials and evidentiary hearings, and prosecute appeals.  

• Develop new cases by investigating the applicable facts and law, formulating case strategies, and identifying plaintiffs with standing.  

• Draft and edit amicus curiae briefs; evaluate amicus opportunities to determine whether to file briefs.  

• Guide, mentor, and train junior lawyers and legal interns. 

• Make public-speaking and media appearances.  

• Help determine strategic vision and direction for Americans United’s litigation program.  

• Collaborate across departments and partner organizations to initiate, lead, and/or support integrated advocacy campaigns that support AU’s legal cases, public policy work, campaigns, and other initiatives. 

Skills and Experience 

*Research shows candidates from marginalized groups are less likely to apply for positions when they don't meet 100% of the listed requirements; please consider applying even if you don’t match 100% of these criteria.  

Americans United seeks an attorney who ideally:  

• Has at least three years of litigation experience. (Judicial-clerkship experience counts toward those years. At least ten years of experience would be required to be hired as a Senior Litigation Counsel.
  

• Has substantial experience serving as lead counsel in litigation (for Senior Litigation Counsel) or has demonstrated the ability to assume that role (for Litigation Counsel).  

• Has exceptional analytical and writing skills.  

• Is a persuasive oral advocate
  

• Is a self-starter who takes initiative and gets excited about identifying and developing new cases and opportunities to assume representation on appeal.  

• Is able to travel as their cases require
  

• Has the interpersonal skills to work well with our staff and co-counsel and to serve as a trusted adviser to clients and partner organizations.  

• Is committed to advancing the public interest and the separation of religion and government.  

• Demonstrates commitment to diversity, equity, inclusion, and accessibility and to fostering an inclusive and respectful work environment. 

Americans United welcomes applicants of all genders, races, ethnicities, religions and beliefs, sexual orientations, gender identities, ages, socio-economic backgrounds, and abilities. Because we work on a wide variety of issues and with many different communities, we value what diversity and diverse perspectives bring to our work.  

Working Conditions & Physical Requirements 

This is a remote or hybrid position that primarily involves working from a home office and/or professional office environment. The role routinely uses standard office equipment such as computers, phones, and video-conferencing tools. It requires the ability to remain in a stationary position for extended periods, communicate effectively, and occasionally move about within the workspace. 

Compensation and Benefits  

The salary range for this position is $91,480-$175,644 annually depending on experience and location. The successful candidate’s placement within that range will be consistent with AU’s compensation framework, which is based on role placement, years of related experience, and location. 

Americans United offers a comprehensive benefits package that includes employer-paid premiums for health care, dental, vision, life insurance, short-term disability, long-term disability, 401(k) with match, and commuter subsidy.  

Equal Opportunity Employer  

AU is an equal opportunity employer. We consider applicants without regard to race, color, religion, gender identity or expression, national origin, age, disability, marital or veteran status, sexual orientation, or any other legally protected status. If you need an accommodation for a disability to apply to this position, please let us know by emailing hr@au.org.  

Application Information 

The Senior Litigation Counsel or Litigation Counsel can work remotely from anywhere in the following fifteen states: California, Indiana, Louisiana, Massachusetts, Maryland, Maine, Montana, New York, Pennsylvania, Tennessee, Texas, Virginia, Washington, Wisconsin, and Wyoming. The Senior Litigation Counsel or Litigation Counsel can also work remotely in Washington, D.C. or locally in our Washington, D.C. office. Occasional in-person attendance at events and meetings in Washington, D.C. will be required, most likely several times a year. 

How to Apply 

Please submit a cover letter, a resume, a law-school transcript, and a writing sample through our web-based application portal at https://americansunited.bamboohr.com/careers/ . The cover letter should highlight why you want to work with us and what perspectives you would bring to strengthen our practice. The writing sample may be of any length; it should be your best example of comprehensive and detailed legal argument or analysis, should be your own work, and should not be substantially edited by anyone else. 

Deadline: Open until filled. We encourage you to apply by June 22, 2026.