Taking their lead from former Justice Anthony Kennedy, Cardinal Robert McElroy and Fr. James Martin have both spoken recently of “hatred” animating those who uphold traditional Christian teaching in regard to homosexuality. Continue Reading »
Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction? The character of the . . . . Continue Reading »
In today’s anti-discrimination battles, the great and the good bring their power to bear on the little people who haven’t gotten the progressive memo. Continue Reading »
In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions. Even so, the Court was hardly immune to the steady . . . . Continue Reading »
The term’s defining event was the February death of Justice Antonin Scalia. Everyone wonders how his successor will affect the future of the Supreme Court. Very soon after his demise, political controversy erupted when Senate Republicans announced that no nominee to replace Scalia would be . . . . Continue Reading »
Justice Kennedy concluded his majority opinion in Obergefell v. Hodges with this summary: Gay couples “ask for equal dignity in the eyes of the law. The Constitution grants them that right.” “Dignity” appears several other times in the opinion. Prior to the twentieth century, Kennedy . . . . Continue Reading »
To redeploy a phrase from President Ford, our “long national nightmare”—in this case, the semi-permanent presidential campaign—will be over in eleven months, or at least suspended for a year or so. It’s not been an altogether edifying show to date; one may hope that, as the fields get . . . . Continue Reading »
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 »
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