Justice Ginsburg’s claim in Masterpiece Cakeshop is deeply troublesome and problematic. Mistakenly asserted, it adds to the aggravated polarization within the United States.
Author: Steven Smith (Steven Smith)
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Why the Government Shouldn’t Force Bakers—Or Anyone—to Express Support for Same-Sex Marriage
Antidiscrimination laws are fully within the government’s authority—but only when the government is not using such laws as part of a campaign to compel people to express “by word or act” their support for a government-prescribed orthodoxy. The second in a two-part series.
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What Masterpiece Cakeshop is Really About
The vendor-marriage cases are part of the centuries-old pattern in which governments have attempted to compel dissenters to publicly affirm and acquiesce in the dominant orthodoxy. The first in a two-part series.
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Who’s on Which Side of the Lunch Counter? Civil Rights, Religious Accommodation, and the Challenges of Diversity
In many ways, so-called progressives are comparable to lunch-counter segregationists, and proponents of religious exemptions are the heirs of civil rights activists.
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The Image of Liberty: What the Roman Empire Can Teach Us About American Politics
A look back at the disintegration of republicanism in the Roman Empire yields important lessons for contemporary American government. Will we demand actual liberty—including the authority truly to govern ourselves—or be content with its image?
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The Red Herring of “Marriage Equality”
Debates about marriage will only be cluttered up, and decisions confounded, if the issue is framed in the question-begging terms of “marriage equality.”