I’ll leave it to others more knowledgeable than I to assess the changes Pope Francis announced this morning with respect to the procedure for granting annulments. To an outsider, the changes certainly seem sweeping. Francis has eliminated the requirement that two tribunals agree to grant an . . . . Continue Reading »
Kim Davis may not have a legal leg to stand on (see here, and here). But I think some Christians are moving too quickly to critique her situation on a purely legal basis. We are Christians first, before we are Americans. So before we start talking about whether this is a good religious liberty . . . . Continue Reading »
At the Liberty Law site, my friend John McGinnis has a very interesting post on what he calls America’s “scribal class.” These are people—professors, journalists, opinion writers, lawyers, even entertainment industry types—who set America’s cultural and political agendas. John writes . . . . Continue Reading »
You might wonder whether questions as complicated and wrenching for people as these should be handled by contract law, as if they were equivalent to particularly difficult business transactions. Continue Reading »
Law’s Virtues: Fostering Autonomy and Solidarity in American Society by cathleen kaveny georgetown, 304 pages, $29.95 Emerging from that end of the political spectrum grown rather short lately on argumentation (and long on dismissive invective), Cathleen Kaveny’s Law’s Virtues is . . . . Continue Reading »
The single most important event of constitutional interpretation in American history was the Civil War. The war was, of course, so much more than simply an act of constitutional interpretation. Fought from 1861 to 1865, it was the most devastating war in America’s history, resulting in the deaths . . . . Continue Reading »
Like many social conservatives, especially Christian ones, I spend a lot of my time reading and writing about religious freedom, especially how it might be affected by the legalization of same-sex marriage and the campaign for “gay rights” more generally.Yet at the same time, I harbor doubts about the position we are staking out.You see, I sometimes think that Justice Scalia’s majority opinion in Employment Division v. Smith may have been correct. Continue Reading »
There has been no want of “writing on the wall” about the upcoming cases on marriage. Justice Clarence Thomas could not help but remark on the point that a majority of his colleagues had already, and gracelessly, signaled their “intended resolution of that question.” And yet, writers and lawyers on both sides continue to expend their genius in writing briefs for the Court, clinging to the possibility that the words they set down may yet tip the balance. Continue Reading »
We’re in a moment of mass hysteria, one that vindicates Indiana Governor Mike Pence’s decision to sign his state’s Religious Freedom Restoration Act (RFRA). This law establishes a strong standard for religious liberty: A person’s free exercise of religious can be “substantially burdened” by a law only if that law advances a “compelling government interest” in a way that involves “the least restrictive means.” Continue Reading »
Is the Supreme Court trying to redistribute human dignity from opponents of same-sex marriage to supporters? Continue Reading »
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