It does appear that viewpoint discrimination is inherent in the design and structure of this Act. This law is a paradigmatic example of the serious threat presented when government seeks to impose its own message in the place of individual speech, thought, . . . Continue reading →
Civil Liberties
The State Of Oregon Wants To “Rehabilitate” Your Religious Beliefs And Practices
The Oregon Constitution allows religious exemptions from laws that are generally applicable, but Avakian ruled that out from the very beginning. Can he really be presumed to be fair and neutral when he said our business was unlawfully discriminating before he had . . . Continue reading →
When A Cake Is More Than A Cake
Erik Erickson makes a point this morning that I try to make to my Ancient Church students each year. Words mean things. Some words, spoken in some contexts, mean so much that Christians have been willing to die and have been murdered . . . Continue reading →
“The City Of Phoenix Seeks To Comandeer…Minds And Bodies”
Phoenix does not merely seek to make Joanna and Breanna a passive courier of its message, but seeks to commandeer their very minds and bodies to envision, design, create, and convey its message. It does this via § 18-4(B)(1)-(2), which prohibits places . . . Continue reading →
Eastman: “Masterpiece” Is A Big Win For Religious Liberty
Despite almost 30 years of Supreme Court case law emptying the First Amendment’s Free Exercise Clause of almost all substantive content (thanks largely to a 1990 decision by Justice Scalia called Employment Division v. Smith), the Supreme Court has now confirmed that . . . Continue reading →
Reno: Consequences Of The Institutionalization Of The Sexual Revolution
It was inevitable that the institutionalization of the sexual revolution would be carried forward by appeals to the postwar anti-discrimination tradition. And that tradition is loaded with explosive moral condemnation of any who dissent. The Colorado commissioner who implied that Jack Phillips . . . Continue reading →
Justice Thomas: “I Warned You”
In Obergefell, I warned that the Court’s decision would “inevitabl[y] . . . come into conflict” with religious liberty, “as individuals . . . are confronted with demands to participate in and endorse civil marriages between same-sex couples.” 576 U. S., at . . . Continue reading →
SCOTUS: Colorado Civil Rights Commission Exhibited Anti-Christian Bias
…To Phillips, his claim that using his artistic skills to make an expressive statement, a wedding endorsement in his own voice and of his own creation, has a significant First Amendment speech component and implicates his deep and sincere religious beliefs. His . . . Continue reading →
May Churches In Oregon Be Sued For Refusing To Host LGBTQ Weddings? It Depends
Christine Lewis, the labor bureau’s legislative director, said she couldn’t give a blanket answer as to whether churches in Oregon can legally refuse to allow gay groups to rent out their spaces. That depends on “the unique facts of each case,” she . . . Continue reading →
No Safe Spaces
Civil Liberties Watch: It Is Yours Until A Big Developer Wants It
Kelo v. City of New London effectively turned an explicit constitutional right into a nullity. Though the language of the Fifth Amendment is clear — “nor shall private property be taken for public use without just compensation” — state and local governments . . . Continue reading →
A Law-Abiding Gun Owner Speaks Up
Supreme Court: You Are On Your Own
The Supreme Court ruled on Monday that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation. . . . Continue reading →
The Wages Of Sin Is Death
God’s holy Law says, “You shall love the Lord your God with all your heart and with all your soul and with all your mind” and “You shall love your neighbor as yourself. On these two commandments hang all he law and . . . Continue reading →
A California Court Defends Free Speech And Religious Freedom
The State of California brings this action under the Unruh Civil Rights Act, Civil Code section 51, against defendants Cathy’s Creations, Inc. and Cathy Miller. Miller refuses to design and create wedding cakes to be used in the celebration of same sex . . . Continue reading →
Why It Is Reasonable Not To Send Your Children To Public School
The world has changed quite a bit since I entered Dundee Elementary in 1965–66. No-fault divorce did not yet exist. Two-parent families were the norm. Abortion had not yet been legalized. The late-modern drug culture had not yet exploded. WWII had been . . . Continue reading →
Human Being At 20 Weeks
This Person Is Endowed By His Creator With Certain Unalienable Rights
Begging The Question, Abortion, And Slavery
Given America’s sad history with slavery and the shame with which it is regarded today one might think that defenders of Roe v Wade (1973) would be a little more cautious about the rhetoric they use in defense of what they regard . . . Continue reading →
The Original Intent Of The Free Exercise Of Religion Clause
Many today mistakenly interpret these religion clauses to mean something like, “Americans are tolerant of private religious conduct.” But mere “toleration” of “private” religious conduct was precisely what James Madison, a primary author of the Bill of Rights, was careful to avoid. . . . Continue reading →
Civil Liberties Imperiled On American University Campuses
The survey results establish with data what has been clear anecdotally to anyone who has been observing campus dynamics in recent years: Freedom of expression is deeply imperiled on U.S. campuses. In fact, despite protestations to the contrary (often with statements like . . . Continue reading →