To properly understand due process, we must grasp the key distinctions between law and decrees and between law and morality. If judges are authoritative arbiters of the “logic of morals,” we have subjected ourselves to an unelected, life-tenured legal elite whose reach exceeds our grasp.
The Eighth Circuit Court has created the opportunity for religious freedom to win again in the Supreme Court. But it is Judge Daniel Manion of the Seventh Circuit Court who supplies the arguments that should triumph, for everyone’s freedom.
When voters and legislators act on religiously informed moral convictions in making the law, it may entail a blending of religion and politics that is disquieting to the secular liberal mind, but it closes no gap in the “separation of church and state.”
As a legal opinion, Obergefell is an utter failure, relying as it does on a tenuous and historically ungrounded jurisprudence of “dignity.” The debate over same-sex marriage is not over. A constitutional ruling so shoddily reasoned, so completely and easily dismantled by the dissents, must paper over a cause that cannot ultimately win in an open debate.
There are some problems in the reasoning of Justice Scalia’s opinion in the 1990 religious freedom case. But in its holding, and in its rejection of a quarter century of jurisprudence that could not be squared with the First Amendment, the judgment was correct.
Thanks to its sympathy and its moral seriousness, Richard Brookhiser’s new biography of Abraham Lincoln is a fine study of statesmanship.
In a brave new book, Anthony Esolen describes the very real consequences of redefining marriage.
According to the structure of the Court’s logic, all objecting employers should receive the same religious freedom protection given to churches and religious orders.
Today, we face a movement to accomplish on a societal level what those who embrace morally condemned behavior have always sought as individuals: rationalization.
For Justice Clarence Thomas, the foundation of all our law lies in the self-evident truths of the Declaration of Independence, beginning with human equality.
A New Jersey judge’s contorted and nonsensical decision that the state is responsible for the federal government’s failure to recognize same-sex marriage highlights the irrationality that permeates the campaign for “marriage equality.”
In his new book on Abraham Lincoln, Rich Lowry depicts our famous president as a lover of freedom, commerce, and progress whom we revere on the same plane as the founders because he, like them, articulated enduring principles that we still value.
Gabriel Schoenfeld’s new book, A Bad Day on the Romney Campaign, offers an insider’s account of how misguided campaign tactics led to Mitt Romney’s defeat in the 2012 presidential election.
Marriage and religious freedom will stand or fall together.
Kermit Gosnell has been the equivalent of the American slave-dealer—someone who has done work rendered absolutely necessary by the twisted laws of his regime, but who has nevertheless been ignored or regarded with unease, and even repulsion, by his fellow citizens.
In the latest proposed version of the HHS mandate, the government presumes to say which employers get religious freedom and how much they get, but all religious employers are obligated to live out their beliefs and should have the freedom to do so.
Michael Klarman’s history of the push for same-sex marriage shows just how recently it’s developed and how its leaders lack substantive arguments for the nature and purpose of marriage itself.
Mark Regnerus’s response to his critics shows more clearly that instability is characteristic of same-sex relationships and that stable same-sex parented households are virtually non-existent. Second of a two-part series.
Attacks on sociologist Mark Regnerus after he challenged the “no differences” thesis haven’t obscured the high quality of the New Family Structures Study or its troubling findings. The first of a two-part series.
The case for same-sex marriage, as articulated in a new book that debates the issue, still refuses to recognize that civil society needs real marriage, as it has always existed, to preserve itself.
The American Catholic bishops’ “Fortnight for Freedom,” which begins tomorrow, continues a long tradition of defending religious freedom that began with Sir Thomas More and Bishop John Fisher.
Judges and justices who reasoned in favor of same-sex marriage based on social scientists’ “no differences” thesis must now contend with better research: Heterosexual married couples offer the best family structure for children, according to a new, rigorously researched sociological study.
Yesterday’s statement about same-sex marriage by President Obama and last week’s departure of a gay-rights activist from the Romney campaign reveal important lessons.
No one can be rightly coerced by the state to be directly complicit in the commission of a wrong. This goes for any businessman, employer, insurance company, or individual, regardless of faith.
This week’s decision in the Prop 8 case is a desperate appeal to Justice Kennedy, and the latest assault of judicial supremacy.
If tradition is not a good reason to limit marriage to a man and a woman, it is also not a good reason to limit it to only two people.
The tenure system sustains many of the problems in contemporary higher ed.
Race and sex play qualitatively different roles in our interactions with each other, making sex rationally relevant to our social and political policies in a way that race is not.
The King & Spalding skedaddle is a blow to the institutional integrity of our legal system. Intimidation is now the default tactic of same-sex marriage advocates.
President Obama’s decision to refuse to defend DOMA is not an act of executive assertion so much as an expression of deep deference to the courts.
What’s wrong with a prominent professor’s incestuous relationship with his daughter.
In his latest book, law professor David A. Strauss attacks the idea of originalism and champions the “living Constitution.” Matt Franck explains why he’s wrong.
Americans appear to accept same-sex marriage more than they really do, perhaps because they believe it to be more widely accepted than it really is.
Even same-sex marriage advocates should recognize the bad logic in the ruling overturning Proposition 8.
The latest decision from our judicial overlords on same-sex marriage spells trouble for republican constitutionalism and the institution of marriage.
Why we shouldn't listen to calls to get rid of the filibuster.
Millions of Americans believe that states can prohibit abortion in the third trimester, yet current Supreme Court jurisprudence has manufactured a right to unfettered abortion right up to the time of the child’s birth. How did Americans become so confused on this issue and how did the Supreme Court end up where it has?
If we want to lower the stakes of winner-take-all Supreme Court battles, we must search for justices who reject the notions of judicial activism and judicial supremacy. The second in a two-part series.
Judicial supremacy is inimical to the separation of powers, to republicanism, and even to constitutionalism and the rule of law. The upcoming confirmation hearings for Sonia Sotomayor should force citizens to reconsider the place of the Court in our political life. The first in a two-part series.
The Supreme Court of Iowa’s decision to redefine marriage abandons reason and replaces it with feelings as the standard of public consensus.