Justice Thomas: Obergefell v Hodges Threatens Religious Liberty

Numerous amici—even some not supporting the States—have cautioned the Court that its decision here will “have unavoidable and wide-ranging implications for religious liberty.” Brief for General Conference of Seventh-Day Adventists et al. as Amici Curiae 5. In our society, marriage is not simply a governmental institution; it is a religious institution as well. Id., at 7. Today’s decision might change the former, but it cannot change the latter. It appears all but inevitable that the two will come into conflict, particularly as individuals and churches are confronted with demands to participate in and endorse civil marriages between same-sex couples. Continue reading →

Fundamental Liberties Still Matter

The colonists brought the principles of Magna Carta with them to the New World, including that charter’s protection against uncompensated takings of personal property. In 1641, for example, Massachusetts adopted its Body of Liberties, prohibiting “mans Cattel or goods of what kinde . . . Continue reading →

The First Amendment Defense Act

The First Amendment Defense Act follows our nation’s long tradition of protecting the natural right to the free exercise of religion and freedom of association as enshrined in our Constitution. It ensures that the federal government respects the rights of individuals, businesses . . . Continue reading →

The New Inquisition

In retrospect, Kipnis might as well have been a 13th-century monk taunting the Inquisition. She was duly accused of violating Title IX by writing an essay questioning the excesses of Title IX. The university’s investigation of her was about what you would . . . Continue reading →

The First Amendment Has A Past

Even so, the American constitutional commitments were hardly concocted ex nihilo. They reflected a recovery, adaptation, and consolidation, under the fresh circumstances of the New World, of themes that went back centuries— of the medieval theme of libertas ecclesiae (freedom of the . . . Continue reading →

The Real Danger Of Theocracy In America

Since evangelical re-engagement with social and cultural issues in the mid-1970s, symbolized by the 1976 election of a self-professed born-again, Southern Baptist (Democrat) from Georgia to the White House, in the wake of the Watergate scandal, against the background of the Moral . . . Continue reading →