The final paragraph of Justice Kennedy's decision is being hailed as an eloquent and humane expression that identifies what was really at stake in the marriage case: not the Constitutionality of traditional marriage laws, but the dignity and happiness of a particular group. Here is the full . . . . Continue Reading »
As the Supreme Court prepares to announce its decision on same-sex marriage, religious people are wondering: will we lose our tax-exempt status for our religious institutions? Justice Samuel Alito raised this question during the oral arguments, citing the 1983 Supreme Court case that ruled Bob Jones . . . . Continue Reading »
Millions of Americans (or thousands of journalists, wonks, and wags) are sitting on pins and needles right now, waiting for the Court’s determination: Will the world’s only superpower decree that same-sex marriage is a constitutional right? Other decrees came down this week—ranging from . . . . Continue Reading »
If individual autonomy is the jealous god it has proven itself to be, no rights of conscience or religious freedom will be permitted to stand in its way over the long term. But when does a person actually possess this autonomy to which he is said to have a right? Continue Reading »
Yesterday brought news of a significant victory for religious freedom in Canada. Continue Reading »
For those who are interested, our latest podcast at the Center for Law and Religion Forum is on the Supreme Court’s decision this week in Holt v. Hobbs, the prison beard case. My colleague Marc DeGirolami and I analyze the holding and discuss its implications for religious liberty. You can listen to the podcast here. Continue Reading »
A growing number of legal scholars question whether a justification exists for protecting religion as its own category. Yes, the text of the First Amendment refers specifically to religion, they concede, but that’s an anachronism. As a matter of principle, religion as such doesn’t merit . . . . Continue Reading »
The cover story on National Review is by Jonathan Adler and Nathaniel Stewart, who are insisting there were Positive Steps, Silver Linings in the Supreme Court’s ruling in NFIB v. Sebelius ruling. Since I am expecting stormy weather over the next few years in the matter of . . . . Continue Reading »
The Supreme Court just overruled multiple democratically elected legislatures to impose its policy preferences on the country by a narrow 5-4 majority. Keep that in mind tomorrow if (IF!) the Supreme Court strikes down the Obamacare individual health insurance purchase mandate. Just . . . . Continue Reading »
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