U.S. Supreme Court

Taking Back Marriage

The only thing surprising about the U.S. Supreme Court’s 5–4 decision requiring all 50 states and the District of Columbia to perform gay “marriages,” and to recognize such unions contracted in other states, is that it took so long. The writing was on the wall 11 years ago, when the Republicans controlled both houses of [...]

We Are Winning Even If It Doesn’t Feel That Way

A colleague of mine at Breitbart News said recently in response to some social conservative tactic that disappointed him, “This is why you [social conservatives] are losing.” He really believes that. He believes we are losing. Like many conservatives, my colleague cares about the social conservative issues, but cares more deeply about the other two [...]

Time to Question Inevitability of Gay “Marriage”

The social science world is reeling as it becomes clear that one of their newest rising stars, Michael LaCour, is a fraud. As a graduate student at UCLA, LaCour co-published an electrifying paper claiming to show that, contrary to conventional wisdom, people’s long-established views can be changed quite easily through a brief encounter with a [...]

Why Same-Sex “Marriage” Arguments are So Terrible

On April 28, the Supreme Court heard oral arguments on whether same-sex "marriage" should be legal in every state. As articulated by Justice Kennedy, gay and lesbians have a powerful motivation for their claim, namely, human dignity: “Same-sex couples say, of course, we understand the nobility and the sacredness of the marriage. We know we can’t [...]

Will Supreme Court Impose a Supreme Injustice on Marriage?

By June of this year, the U.S. Supreme Court, despite having a majority of Catholic justices, appears destined to legalize so-called “same-sex marriage” (SSM). This could be the ultimate victory of a long-term strategy to redefine marriage. Already in individual states which have redefined marriage, Christians have suffered for refusing to support or recognize SSM. [...]

Court May Deny Religious Liberty of Catholic Schools

The key battleground for the federal government’s twenty-first-century assault on religious freedom may be Catholic education—in particular, those faithful Catholic institutions that refuse to surrender and remain committed to Christ and His teachings as they come to us through the Church. On Tuesday, Solicitor General Donald Verrilli, Jr., told the Supreme Court that religious colleges [...]

The Case Against Same-Sex “Marriage”

The Supreme Court will hear oral arguments on April 28 about whether there is a “constitutional right” to same-sex “marriage.” For the first time in history, our nation faces a dizzying prospect—that its laws, its courts, and the coercive power of the state that upholds them, could be turned against supporters of traditional marriage by [...]

U.S. Constitution’s Preamble Upholds Traditional Marriage

On April 28, the United States Supreme Court will hear oral arguments on Obergefell v. Hodges and three other cases, testing the constitutionality of state bans on same-sex “marriage” and state refusals to recognize existing same-sex “marriages.” The outcome may well impose same-sex “marriage” on the entire United States of America, much as Roe v. [...]

The Real Culprit is Our Outlaw Judiciary

In a recent issue of Crisis Magazine, Jennifer Roback Morse gave three reasons why religious liberty arguments do not seem to be working for conservatives in their battle to save traditional marriage. First, many people no longer believe in God, and thus simply don’t care much about religious liberty. Second, we are asking people to [...]

Corporations are the Enemy

A man I know was a top executive at a major American media company, one of the biggest and most influential in the world. A young man came into his office one day asking to display a rainbow sticker with the words “safe space.” This was a decade ago and this man, a faithful Catholic, [...]

A Child of Gay Parents Writes to Justice Kennedy

Dear Justice Kennedy, June is nigh, and with it will comes your ruling on the most contentious political issue of our time: marriage. I write because I am one of many children with gay parents who believe we should protect marriage. I believe you were right when, during the Proposition 8 deliberations, you said “the [...]

The Defense of Marriage Isn’t Over

The Supreme Court's recent refusal to hear lower court cases over marriage is, as I noted elsewhere, a setback for sound constitutional self-government and a setback for a healthy marriage culture. Rather than a single Roe v. Wade of marriage, where the Supreme Court would redefine marriage across the nation, the Court, by refusing to hear any [...]

New Study Sees Threat to Religious Liberty

In legal scholarship, as in any literature, style matters as much as content. The subjects authors explore, their manners and patterns of thought, the metaphors and idioms they select, the grace with which they address the audience and carry it along—in sum, the personal qualities that emerge in the telling of the tale—are remembered long [...]

Media Repeatedly Deceives Public in Hobby Lobby Coverage

In the buildup to the Supreme Court's Hobby Lobby decision, and even more so in its aftermath, prominent news outlets have been aggressively spreading falsehoods about key aspects of the case. Beyond logical fallacies about who is imposing their will on others, many reports and commentaries also contain statements that are discredited by the scientific [...]

“A Legal Entitlement to Contraceptive Coverage”

The U.S. Supreme Court's recent decision that for-profit companies such as Hobby Lobby are not required to provide in their healthcare plans "preventive services" that include abortion-inducing drugs, raises doubts about the constitutionality of the Department of Health and Human Services (HHS) mandate requiring that all FDA-approved forms of birth control be provided in all [...]

Is there a Rational Legal Basis for Traditional Marriage?

Many people believe that the momentum to legalize same-sex marriage in all states is now unstoppable—not because all states would do it on their own but because the federal courts seem determined to impose it by judicial decision. A series of district-court judges, claiming to follow the Supreme Court’s decision striking down federal marriage law [...]

Consider Gun Ownership for Family Protection

The American Constitution guarantees citizens the right to bear arms. According to the Supreme Court’s 2008 decision, District of Columbia vs Heller, this right extends not only to the military and law enforcement officials, but also to private citizens who wish to own firearms for lawful purposes. Guns play a significant role in American history [...]

Marriage Takes a Beating

Traditional marriage has been taking quite a beating ever since the U.S. Supreme Court, in its Windsor case handed down in June 2013, ruled that same-sex unions must be considered true marriages wherever they have been legally enacted as such, whether by legislative action, court action, or referendum. Since then it has been rapidly and [...]

Is There a “Right” to Birth Control?

The Supreme Court heard oral arguments on Tuesday from opposing legal counsel on the HHS contraception mandate cases. The media consensus appears to be that the justices were hard on the mandate and appear likely to issue a narrow ruling exempting “closely-held” corporations, which both of the plaintiffs are, while leaving open the question of [...]

Speech Near Abortion Mills at Stake in Court Case

The free speech of pro-life Americans—particularly their ability to protest, offer counseling, or even hold silent prayer outside abortion clinics—is at stake in a case before the U.S. Supreme Court this term. McCullen v. Coakley, which went before the high court in mid-January for oral arguments, deals with the legality of buffer zones around abortion [...]

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