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Search Results for: constitution – Page 41

Public Discourse

Same-Sex Marriage Fever: Prohibition Parallels

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Media voices and progressive activists for same-sex marriage are appealing to judicial fiat because they know they won’t always have public opinion on their side.
Public Discourse

An American Decline?

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As Stephen Krason’s new book argues, America has departed from the founders’ design, and the founders may be partially responsible. But this claim is only as strong as the interpretation of the founding behind it.
Public Discourse

Justice Sotomayor and the Path to Polygamy

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The oral arguments on Proposition 8 at the Supreme Court suggest that there is very good reason to believe that the declaration of a “right” to same-sex marriage will set us on the path to polygamy.
Public Discourse

Cats and Dogs and Marriage Laws

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When we define our terms based on the results we want, rather than on the reality of the thing being defined, all hell breaks loose.
Public Discourse

Marriage, Religious Liberty, and the Ban Myth

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It’s a myth that marriage law “bans” same-sex relationships because it treats marriage as the union of a man and a woman.
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

Property from the Inside

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While the state has a role to play in promoting the common good, left unchecked by constitutional strictures the regulatory state will crowd private property out of public life. Without private property, our nation would be impoverished not only materially but also morally. The second in a two-part series.
Public Discourse

Property and the Regulatory State at the Supreme Court

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The Supreme Court’s conflicted rulings on whether the government must compensate property owners for burdening their rights and interests raises questions about the value of private property in American life. The first in a two-part series.
Public Discourse

God and the Profits: Religious Liberty for Money-Makers

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The Bible says “You cannot serve both God and mammon.” The Constitution doesn’t.
Public Discourse

We Don’t Need to Redefine Marriage to Fix Policy Problems

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Good public policy can meet the needs of all Americans without redefining marriage.
Public Discourse

The Supreme Court’s First Assault on Marriage

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The Supreme Court first put marriage on its track of decline forty-one years ago, when it ruled that states could not limit the sale of contraceptives to unmarried couples.
Public Discourse

Liberalism’s Logic and America’s Challenge: A Reply to Schlueter and Muñoz

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The Founders’ vision of the “common good” was not the pre-modern natural law conception of an objective human good, but a conception of “mutual advantage” shaped by the social contract framework. This logic of liberalism has driven our country to its current political and cultural problems.
Public Discourse

Sustaining American Liberalism in Principle and Practice

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While we should reject misguided claims that our founders adopted political voluntarism, we should follow suggestions for strengthening civic life—and thereby sustain American liberalism—through local government, families, churches, and other civic associations.
Public Discourse

Natural Law Liberalism Beyond Romanticism

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To reject the presence of natural law in documents of the Founding era is to embrace both cynicism and romanticism.
Public Discourse

Sky Fall: Gender Ideology Comes to the Schoolhouse

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Since redefining marriage requires us to deny sexual differences, even school children now have to conform to that principle at the risk of punishment.
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

Why We Can’t Just “Lighten Up” Over the HHS Mandate

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Preserving the freedom to witness to the truths one believes, not merely avoiding cooperation with evil, is what’s primarily at stake in the HHS mandate debate.
Public Discourse

Truth, Metaphor, and Race in the Marriage Debate

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Whatever same-sex marriage is, that’s not what gays are after. They are after a symbolic vehicle that can make them equal to people who can do something they cannot—procreate.
Public Discourse

Deciding Who Gets Religious Freedom: The Latest HHS “Accommodation”

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In the latest proposed version of the HHS mandate, the government presumes to say which employers get religious freedom and how much they get, but all religious employers are obligated to live out their beliefs and should have the freedom to do so.
Public Discourse

Bad Science and Failed Freedom Protections in the HHS Mandate

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The latest proposed amendment to the HHS mandate still draws on empirically unsound data and violates religious freedom.
Public Discourse

Simple Justice: Kids Deserve School Choice

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Rather than cave to self-interested protests against school choice from teachers unions, we should do what we can to make Catholic schools a viable school option for low-income children.
Public Discourse

A New Way Forward on Abortion

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Pro-lifers and pro-choicers alike should consider a constitutional amendment that would allow, but not require, states to ban abortion in the second trimester.
Public Discourse

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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