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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more
Serious Catholics and political conservatives since the 1950s have strongly criticized the Supreme Court for making public policy and acting as a kind of “super-legislature” to further a leftist socio-political agenda, instead of interpreting the law and judging. We have seen such judicial lawmaking on pornography, abortion, legislative reapportionment, sodomy laws, and the list could … Read more
Conservatism at bottom is resistance to the technocratic project, the modern attempt to turn the social world into a sort of universal machine for the maximum satisfaction of preferences. That project has been growing up for a long time. It comes out of an understanding of knowledge and the world with its roots in the … Read more
For decades, now, the universe of constitutional interpretation has been divided into “textualists,” who argue that the document must be read according to the reasonable meaning of its words, and those who argue for a “living” constitution, the meaning of which can “grow” over time to “meet the needs of a changing people and nation.” … Read more
The Church today has a troubled relation to the academy and media. The reasons are quite basic. Secular intellectual authorities believe they stand for a way of understanding the world, free unprejudiced inquiry carried on by disinterested professionals, that is sufficient as well as uniquely correct. The Church considers neutral secular expertise insufficient, since the … Read more
So-called same-sex marriage is not yet the law of the land, although in its U.S. v. Windsor case handed down on June 26, 2013, the U.S. Supreme Court nevertheless recognized it as truly a marriage in those jurisdictions where it has been legalized by some official action. How the high court could ever have legalized … Read more
In a recent piece published in Crisis I commented on the features of our public life that led the Supreme Court to assert that support for the natural definition of marriage is simply an attempt to harm people. One reader wrote to say he found the piece both convincing and horrific. He noted that it … Read more
Plutarch, the first-century Greek moralist who outlined four stages of a civilization, said that a society that has become libertine is in its next-to-last stage before its final descent into tyranny. When tyranny is mentioned, most people, if they are old enough to remember, think of Mussolini and his secret police or Hitler and his … Read more
In his dissent in United States v. Windsor, the Supreme Court decision invalidating the federal definition of marriage as natural marriage, Justice Scalia rightly identified as particularly outrageous the Court’s assertion that the purpose of the definition was a “‘bare … desire to harm’ couples in same-sex marriages.” The assertion is ignorant and bigoted to … Read more
We the People of the United States of America, to relieve ourselves of the burdens of virtue and the nuisance of self-government, and to secure the blessings that flow from the collective and the isolated individual, do establish this Constitution. There shall be a Supreme Court of the United States, composed of nine lawyers. All … Read more
In today’s “liberal” culture, as religious observance declines, the moral tide goes out, seemingly beyond the drop off. The Supreme Court decision of June 26 concerning DOMA is the most recent in an effort to “liberalize” traditionally held moral norms that owe their original establishment to the faith convictions of a once (and mostly) Christian … Read more
A couple of months back, I received a phone call from one of my sisters, reminding me of a wedding reception that she and everyone else in the family would be flying down to Florida to attend. A nephew had just gotten married in New York, and everyone was eager to celebrate the union. Was … Read more
I was recently on a radio program commenting about the U.S. Supreme Court decision striking down Arizona’s law requiring proof of citizenship when people register to vote. One caller seemed quite happy with the decision because, it seemed, he believed there is widespread racism. I responded that those who make such allegations are bound to … Read more
“The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free.” —President Barack Obama, June 26, 2013 “I will tell you that I don’t believe … Read more