False Enlightenment at the Court

From Web Exclusives

In Obergefell v. Hodges, Justice Kennedy has penned a decision of historic hubris and stupidity­—as both Chief Justice Roberts and Justice Scalia argue in their dissents. The basis of the decision is a claim to special enlightenment (we shall not say “revelation”) about the meaning and . . . . Continue Reading »

Marriage and Dignity

From Web Exclusives

Recent arguments at the Supreme Court revealed deep confusion about the nature of dignity. Arguing that “the marriage institution did not develop to deny dignity or to give second class status to anyone,” but rather “to serve purposes that, by their nature, arise from biology,” attorney James J. Bursch described the push to legalize same-sex marriage as the desire to “take an institution that was never intended to be dignity-bestowing, and make it dignity-bestowing.” Justice Kennedy responded with suitable confusion: “I don't understand this ‘not dignity-bestowing.’ I thought that was the whole purpose of marriage. It bestows dignity on both man and woman in a traditional marriage. It’s dignity-bestowing, and these parties say they want to have that, that same ennoblement.” Continue Reading »

Justice Bosson and the Prostitution of Religious Belief

From Web Exclusives

The New Mexico Supreme Court unanimously ruled that a Christian-owned photography business couldn’t refuse to photograph a homosexual wedding. In his concurring statement, Justice Richard Bosson gives a new twist to Mill’s classic liberal distinction of between what is “private” and “public” based on harm, and instead distinguishes between what one may believe in one’s “private” life and what one must do in the market. . . . Continue Reading »

Summa Contra Dowd

From Web Exclusives

In “Courting Cowardice,” published this week in the New York Times, Maureen Dowd attacks the natural law argument that since marriage is for procreation, homosexual couples are de facto incapable of being married. She does this by offering several counterexamples echoing those given by members of the Supreme Court this week. … Continue Reading »