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Implied Consent

Today, the Supreme Court will hear arguments on whether the Affordable Care Act’s “contraception mandate”—the requirement that employers provide employees health insurance that covers contraception and abortifacients—impermissibly infringes on the religious liberty of . . . . Continue Reading »

“We’re all Catholics now.”

This morning’s Wall Street Journal has an opinion piece by Mary Ann Glendon  about the Catholic bishops’ defense of religious liberty.  They have “filed 12 lawsuits on behalf of a diverse group of 43 Catholic entities that are challenging the Department of Health and . . . . Continue Reading »

The Enemies of Religious Liberty

It is common for religious believers to lament the Supreme Court’s barely concealed hostility to the free exercise of religion, at least since the middle decades of the twentieth century. But in the long term, even more damage is likely to be done by the influence of ideas advocated by a cluster . . . . Continue Reading »

Religion and the Court 1993

Religious litigants claimed victories in all four cases involving religious freedom to reach the Supreme Court this past term. Far from clear, however, is whether any of these hard-fought legal wins represents significant progress for citizens resisting the cultural forces bent on constricting the . . . . Continue Reading »

Recruiting for the Revolution

The Public Square The Nation is ecstatic. Its cover story “The Gay Moment” evinces high confidence that the media is right in declaring that we are now in “the gay nineties.” “Ten years ago there might have been one gay issue in the news every month or so,” says The Nation . “Now . . . . Continue Reading »

Church-State Conundrums

In the field of church-state jurisprudence, as is well known, legal scholars are generally divided between “strict separationists” and “accommodationists.” The former place a “broad interpretation” on the First Amendment’s prohibition of establishment, insisting on an absolute . . . . Continue Reading »

Taking Religious Freedom Seriously

Passage of the Religion Clauses of the First Amendment (“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. . . .”) was one of the first effective exertions of political muscle by minority groups in the United States. James Madison, . . . . Continue Reading »

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