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Public Discourse

Our First Right: Religious Liberty

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America’s founding documents assume an implicitly religious anthropology—an idea of human nature, nature’s God, and natural rights—that many of our leaders no longer share. Adapted from testimony submitted to the United States Commission on Civil Rights.
Public Discourse

Are We Guilty for Our Religious Belief?

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Is religious belief wrong, and are religious believers morally culpable for their false beliefs?
Public Discourse

Natural Law is neither Useless nor Dangerous: A Response to Hart and Potemra

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A recent claim to reject the natural law for its uselessness and false claims to neutrality misunderstands the first-personal perspective of contemporary natural law. The second in a two-part series.
Public Discourse

Understanding Natural Law: A Response to Hart and Potemra

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A recent claim to reject the natural law risks misunderstanding the role of reason and overlooks the difference between practical reasoning and morality. The first in a two-part series.
Public Discourse

Blessed Are Les Misérables: For Theirs Is the True Philosophy of Law

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Hollywood’s new musical masterpiece illustrates a classical legal philosophy, long lost to our liberal establishment, that serves as a golden mean between tyrannical legalism and libertine antinomianism.
Public Discourse

Check Your Blind Spot: What Is Marriage?

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Marriage as a human good, not marriage law, has an objective core whose norms the state has an interest in tracking and supporting—in a way that respects everyone’s freedom.
Public Discourse

The Least of These

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Our government has failed to admit that its own selfishness is the root of many societal problems it has tried to address.
Public Discourse

Is Religion Outdated in the Twenty-First Century?

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Religion isn’t outdated simply because some people claim that we can only know what the natural sciences tell us. Philosophy and theology are the next steps in our search for truth about nature, human nature, and God.
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An Unrecognizable America

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If the HHS mandate is enforced, our government may provoke a schism in the American Catholic Church and will reduce faithful Catholics to second-class citizenship.
Public Discourse

The Paradox of Persons Forty Years After Roe

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The Roe Court’s suppression of a foundational question—who is the law for—means that the decision could be overturned by any of several feticide cases that could reach the current Court.
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Conscientious Abortions? We Don’t Need New Laws Protecting Abortionists

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A recent argument that abortion providers deserve the same legal protection as pro-life medical providers is philosophically flawed and ignores legal and popular consensus on the evil of abortion.
Public Discourse

Sneering Social Constructionists

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Sneering at persons who are not social constructionists has become commonplace. Until defenders of inherent virtues, natural laws, divine beings, and other things that transcend social reality learn to overcome this initial set-up, they will be forever on the defensive.
Public Discourse

The HHS Mandate and Judicial Theocracy

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If we are to preserve our First Amendment rights, judges must refrain from telling plaintiffs challenging the HHS mandate that they’ve got their theology wrong.
Public Discourse

Can the President Have a Marriage Agenda Without Talking About What Marriage Is?

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How successful can a “new conversation on marriage” be when its leaders can’t even say what marriage is?
Public Discourse

Conservatives, Women, and Votes

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Conservatives need to expand their favor with women voters by investing in female candidates and spokespeople, and by reframing their social policies in pro-woman and pro-family terms.
Public Discourse

Science and the Politics of Personhood

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Science can and should help determine sound public policy on matters that involve basic human rights.
Public Discourse

Reason and Compassion in the Marriage Debate

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In their book What Is Marriage? Man and Woman: A Defense, Sherif Girgis, Ryan T. Anderson, and Robert P. George draw our attention to the question that matters most in the marriage debate—what marriage is—and make a reasonable and compassionate argument for marriage as a one-man one-woman union.
Public Discourse

The Abolition of Man-and-Woman: On Marriage, Grammar, and Legal Strategy

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Preserving marriage as a union of man and woman is bound to fail unless we address the true point of contention in the marriage debate, one completely ignored by even the best legal advocates for redefining marriage: the question “what is marriage?"
Public Discourse

Potentiality Rightly Understood

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From the beginning of its existence a human being is always already a person because personhood belongs to it essentially as an instance of that natural kind. The second of a two-part series.
Public Discourse

Free Speech, the Supreme Court, and Neutral Principles

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Supreme Court Justice Samuel Alito and Judge Robert Bork argue that the First Amendment gives the people greater deference to determine legitimate speech than the courts.
Public Discourse

Taxed for Wearing Their Heads

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The Anti-Federalists’ early fear about Congress’s taxing power—that it would result in a tax on humans’ very existence—are now realized in the Supreme Court’s upholding of Obamacare.
Public Discourse

Mark Regnerus and the Storm over the New Family Structures Study

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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.
Public Discourse

Public and Religious Education: L’État, C’est Tout

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There is no good reason to be suspicious of people of faith. There is every reason to encourage them and to be grateful for them, because even by worldly standards they make good citizens. But the State does not want to keep separate from the churches. It wants to absorb them.
Public Discourse

The Religious Liberty Case Against Religious Liberty Litigation: Non-Universal Exemptions and Judicial Overreach

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Current lawsuits against the HHS contraceptive mandate may undermine religious liberty in the long run. Not all religious objectors to the mandate are likely to be exempted even if the lawsuits are successful, and judges violate the core meaning of religious liberty when they assess plaintiffs’ religious character. The first in a two-part series.
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