Author: Sherif Girgis (Sherif Girgis)

About the Author
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Filling in the Blank Left in the Masterpiece Ruling: Why Gorsuch and Thomas Are Right

The majority’s refusal to address the free speech issue in Masterpiece explains the intractability of debates over the scope of its free exercise ruling because, surprisingly, the two issues are linked. Two concurrences implicitly address the free speech issue. There the conservatives’ case is stronger, and supported explicitly by Justices Ginsburg and Sotomayor in dissent. In light of it, the Court’s Masterpiece ruling should provide robust protection for other creative professionals.

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How Sex Difference Makes a Difference: A Reply to Ilya Somin

Courts heighten scrutiny of policies that classify people by sex and other “suspect” traits. But laws defining marriage as a male-female union are different in structure. The very form of policies based on the male-female pairing—unlike every other classification—demonstrates their connection to the common good. So courts shouldn’t subject them to the special scrutiny applied to other laws that classify by sex.

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Putting to Rest a Bad Argument: Marriage Law and Sex Discrimination

The Supreme Court closely scrutinizes policies involving racial, sexual, and other “suspect” classifications. But unlike almost every other classification imaginable, marriage laws use a criterion necessarily linked to an inherently good social purpose that we didn’t just invent. This criterion isn’t truly suspect and shouldn’t get heightened scrutiny.

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Why Fight For Marriage?

We are all called to defend marriage so that the truth can change hearts, minds, and lives. As the early pro-life activists did, we must invest the long-term political, legal, cultural, and spiritual capital to win down the line. The final installment in a three-part series.

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Philosophy and a Life Well-Lived

The next generation of true culture-makers will be shaped purely by bad philosophy if its arguments go unanswered. As individuals and communities, we will be swayed by moral thought no matter what: the only question is whether it will be well thought out. The second in a three-part series.

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Philosophy, Marriage, and Moral Grandstanding

In a discipline whose point is dispassionate reasoning and discourse, some would shut down debate and silence dissenters on a deep and complex moral-political issue. And the view they would anathematize, far from irrational, is more coherent and more compelling than their slippery and ill-defined 'default'.