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Search Results for: constitution – Page 34

Public Discourse

Thanks for Everything, Justice Kennedy

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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.
Public Discourse

The Practical Wisdom of Chief Justice Ellsworth: Reconsidering the Separation of Church and State

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If good morals are essential for a free republic to endure, and if a certain group of institutions successfully promote those morals, then it follows that a well-governed state may be friendly to those institutions—even if they are churches.
Public Discourse

The Ambiguous Quest for Marriage Equality

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Do proponents of marriage equality want marriage equality or not? The rhetoric of marriage equality does not match the reality. Only if marriage is the union of a man and a woman does it make any sense to have paternity presumed without consent, incest and polygamy prohibited, and custody bestowed upon biological or presumed parents except for cause.
Public Discourse

Professor Paulsen and Justice Scalia: A Qualified Defense of the Smith Decision

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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.
Public Discourse

There Is a Fundamental Right to Marriage, and We Must Preserve It

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Whether or not Locke would approve of it, there is a fundamental marriage right. It is ancient, not recent, and it secures the integrity of the natural family. In fact, nothing is more fundamental to our legal edifice than the ancient liberty of the natural family.
Public Discourse

There Is No Fundamental Right to Marry

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It’s easy to confuse fundamental rights with intensely-desired goods—and thus to wrongly invest the latter with the moral urgency and primacy of the former.
Public Discourse

Catholicism, Capitalism, and Caritas: The Continuing Legacy of Michael Novak

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In a time of intense debate about global capitalism and the power of economic elites, Michael Novak’s work is essential reading for those who seek to work for free and virtuous societies. Novak’s life is also a lesson in charity.
Public Discourse

Are We Ready for an Honest Conversation about Abortion?

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If we really are pro-women, and if we really want a cultural conversation on abortion, we owe it to post-abortive women to say, “You are not alone, and you deserve healing.”
Public Discourse

Science-Gilding the Marriage Debate

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Citing tenuous social science that should not (and probably does not) change anyone’s mind merely obscures what people are actually divided over—namely, the purpose of marriage as a social institution.
Public Discourse

Why Moms and Dads Both Matter in Marriage

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Mothers and fathers are not interchangeable—they both add distinct benefits to the development of children. Courts and legislatures can change legal definitions, but they cannot alter biology or psychology.
Public Discourse

Religious Freedom and Sexual Identity: A Proposal for Peace

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If law can declare certain reasons for a private business owner to refuse service—such as sexual orientation—invalid, then it can also designate other reasons as valid—such as religious convictions about the nature of marriage.
Public Discourse

Correcting Six Mistakes from the Same-Sex Marriage Oral Arguments Last Week

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Although there were many good arguments and questions at the Supreme Court last week, there were also some significant errors.
Public Discourse

Civil Rights, Civil Liberties, and the Price of Progress

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In the old America, there were laws regulating sexual conduct, but freedom of association was largely unimpeded. In the new America, there will be no laws regulating sexual conduct, but freedom of association will be limited in defense of sexual liberation.
Public Discourse

Same-Sex Unions and the European Court of Human Rights

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The European Convention on Human Rights does not require European nations to redefine marriage to include same-sex relationships. However, the European Court of Human Rights may rule in the future that member states must recognize same-sex civil unions.
Public Discourse

Marriage and Equal Protection

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For the Court to strike down laws defining marriage as the conjugal union of husband and wife would be to abolish the idea that men and women matter—equally—in the lives of the children they create. And it would be both a judicial usurpation of legislative authority and a federal intrusion into a matter left by the Constitution in the hands of the states.
Public Discourse

Supreme Court Debates Meaning of Marriage and Consequences of Judicial Redefinition

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Rather than rush to a fifty-state “solution” on marriage policy for the entire country, the Supreme Court should allow the laboratories of democracy the time and space to see how redefining marriage will impact society as a whole.
Public Discourse

Redefining Marriage Would Erode Religious Liberty and Free Speech Rights of Citizens and Churches

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Finding a right to same-sex marriage in the Fourteenth Amendment would threaten the religious liberty of citizens and organizations who support marriage and silence or chill the speech of dissenters.
Public Discourse

Gender-Diverse Marriage Laws Do Not Infringe the Liberty of Gay and Lesbian Americans

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According to a recent amicus brief by scholars of liberty, same-sex marriage is not only counter to the Supreme Court’s long line of personal liberty cases, it may even be prohibited by them.
Public Discourse

Marriage, Self-Government, and Civility

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Those suing to overturn state marriage laws are not merely asking the Court to recognize a new right. They are asking the Court to declare that the Constitution removes this issue from democratic deliberation.
Public Discourse

Judicially Mandating Same-Sex Marriage Would Put the US at Odds with the Western World

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Fewer than 9 percent of the countries belonging to the United Nations have redefined marriage to include same-sex relationships—and only one of those did so via its judiciary. A judicial redefinition of marriage would make the United States an extreme outlier on the global stage.
Public Discourse

Just the Facts, Ma’am: Rebutting the False “Inevitability” Narrative

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More than fifty million people have, by their votes, demonstrated that they continue to understand the profound importance of marriage. They deserve better than to have the decision to protect or redefine marriage taken out of their hands by the Supreme Court.
Public Discourse

Justice Scalia’s Worst Opinion

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Antonin Scalia is one of the most brilliant, principled, sound, and thoughtful jurists ever to sit on the Supreme Court. But twenty-five years ago today, his legal skills utterly failed him.
Public Discourse

“Conservative” Judicial Activism for Gay Marriage: With Amici Like These, Who Needs Enemies?

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A group of distinguished conservative public servants, policy makers, and political operatives has signed an amicus brief saying the US Constitution requires the states to redefine marriage. They argue that this is the truly conservative position—but it takes quite a bit of logical contortion to accept their argument.
Public Discourse

Redefining Marriage Would Put Kids of Heterosexuals At Risk

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The metamorphosis of marriage from a gendered to a genderless institution would send the message that society no longer needs men to bond to women to form well-functioning families or to raise happy, well-adjusted children. That would be bad news for children of heterosexuals on the margins: the poor, the relatively uneducated, the irreligious, and others who are susceptible to cultural messages promoting casual or uncommitted sex.
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