Downstream from Dobbs
by Gerard V. BradleyThough Roe has been overturned, it doesn't look like the landmark cases that made contraception, sodomy, and same-sex marriage constitutional rights are going anywhere. Continue Reading »
A Less Corrupt Term
by Marc O. DeGirolami and Kevin C. WalshIn 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 »
Obergefell and the Right to Other People’s Children
by Jeff ShaferIndividuals in same-sex partnerships are now claiming the right to be listed on the birth certificates of their partners' children—as parents. Continue Reading »
Experiments in Matrimony
by Amy L. WaxJust Married: Same-Sex Couples, Monogamy, and the Future of Marriageby stephen macedoprinceton, 320 pages, $29.95 Before the Supreme Court decision in Obergefell v. Hodges, the law of most states restricted marriage to opposite-sex couples. Now that the Court has held that the Constitution . . . . Continue Reading »
The Court After Scalia
by Kevin C. WalshThe 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 »
A Family Affair
by Carl R. TruemanIncestuous relationships between adults should push the issue of consent and its many complexities and weaknesses to the fore in debates about sexual morality and marriage. Continue Reading »
Obergefell and the New Gnosticism
by Sherif GirgisFor decades, the Sexual Revolution was supposed to be about freedom. Today, it is about coercion. Once, it sought to free our sexual choices from restrictive laws and unwanted consequences. Now, it seeks to free our sexual choices from other people's disapproval. Continue Reading »
Punching Down
by Charlotte AllenOn January 20, a federal appeals court heard arguments in the highly publicized case of Kimberly Jean “Kim” Davis, county clerk of Rowan County (population 23,000) in mountainous northeastern Kentucky. There were many legal issues at stake—discrimination, sexual equality, religious . . . . Continue Reading »
Dignity v. Freedom
by Peter J. LeithartJustice 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 »
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