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Public Discourse

Religion and the Republic

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A true republic respects religious speech. Such speech represents a different authority from governing power and affirms its limited nature.
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

Lessons from a Life of Hope: Learning from Father Richard John Neuhaus

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Those who would follow in Father Richard John Neuhaus’s footsteps would do well to note these lessons of his life. Religion and vocation matter more deeply than political wrangling, and we must continue to build intellectual families that combine conviviality with fighting for the greatest causes.
Public Discourse

Public Debt, Political Paralysis, and the West

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The West’s struggle with high public debt highlights the inertia and indecision of both governments and citizens in the face of difficult economic choices.
Public Discourse

The Courage to Be on the Wrong Side of History: Lessons from Burke and Nietzsche

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Millennials who stand up for family, marriage, and the foundational institutions of civil society make possible a new cultural counter-revolution. The question is, will you join it?
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

The Value of Children: Economics, Faith, and the Problem of Underpopulation

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The overpopulation crisis predicted by Malthusians has failed to materialize. Instead, developed nations face serious underpopulation. To solve this problem, we must rediscover the importance of children.
Public Discourse

Everything You Need to Know About Constitutional Law

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Reading and understanding the Constitution is not an especially complicated intellectual exercise. It takes lawyers, judges, and law professors to turn it into something difficult and convoluted.
Public Discourse

Polyamory Isn’t Good for Children: My Story

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Redefining marriage increases the chances that children miss out on one of the greatest gifts any person can be given: being raised by the man and woman whose love brought them into existence.
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

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

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

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

The Death of The Rule of Law in Alabama

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The constitutional crisis now unfolding in Alabama is a direct and foreseeable result of Judge Callie S. Granade’s orders.
Public Discourse

Constitutional Conservatism Rejects Judicial Supremacy

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Conservatives should defend the Constitution and the rule of law, but they should not defend judicial supremacy. The Constitution—not the Supreme Court—is our country’s highest authority.
Public Discourse
  • Art

Exodus: Gods & Kings: What Does God’s Voice Really Sound Like?

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With its controversial decision concerning the voice of God, the movie “Exodus: Gods & Kings” demonstrates the limits of what we can really know about God.
Public Discourse

Here Come the Irish: Notre Dame Marches for Life

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The March for Life, on the anniversary of Roe v. Wade, is the largest annual civil rights event in the world. As long as it continues, the University of Notre Dame will be there.
Public Discourse

Sex Education in America: How Yesterday’s Extremists Shaped Today’s Sex Ed

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In order to influence the future of sex education, we must have a nuanced understanding of its colorful past.
Public Discourse

Stephen Colbert Meets His Maker

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The most prominent Catholic character on television consistently employed religious themes and theological motifs on his award-winning TV show—never more glaringly so than in the series’ grand finale
Public Discourse

The Real War on Science

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The evisceration of its epistemology constitutes the real war on science.
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