Articles tagged as RFRA
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“After Obergefell: Facing the Main Question”—Prof. Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Hadley Arkes, in “After Obergefell: Facing the Main Question,” calls for the political branches to counteract the Court’s marriage decision with more substantive arguments in defense of marriage as the union of one man and one woman. “[A] ‘defensive’ strategy of resistance has run into problems recently also on […] -
“The Paths of Resistance”—Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing, Professor Hadley Arkes, in “The Paths of Resistance,” offers two possible (legislative) steps that can be taken in light of the Court’s decision in Obergefell v. Hodges. Some excerpts: “In the aftermath of the Supreme Court’s ruling on same-sex marriage, two lines of response may be open to those who […] -
“Response to Prof. Robert Miller—Again”—Prof. Hadley Arkes
Prof. Arkes responds to a spirited exchange of essays he shared with Prof. Robert Miller August 2014 in the Public Discourse on the grounds and scope of religious liberty in the aftermath of the Hobby Lobby case -
“ ‘Conscience’ and the Law: A Bumpy Ride”– Prof. Hadley Arkes in the Catholic Thing
Writing in the Catholic Thing, Prof. Hadley Arkes expresses the difficulty in offering a principled ground for exempting the religious from certain laws, while others are obliged to face the full force of the law. It begs the question, “what gives our laws meaning?” Some excerpts: “The difficulty came in explaining the principled ground for exempting […] -
“Post-Hobby Lobby Illusions”– Prof. Hadley Arkes in Library of Law and Liberty
Writing in the Library of Law and Liberty, Prof. Hadley Arkes revisits the Hobby Lobby case, whose jurisprudence has given rise to “Post-Hobby Lobby Illusions.” These “illusions” are stories that our friends are willing to tell themselves as they seek to elevate into a reigning doctrine groundless slogans that have recruited their sentiments. Some excerpts: “My own […] -
“Hobby Lobby: Joy – and Disappointment” —Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Hadley Arkes scrutinizes the grounds on which the cases of Hobby Lobby and Conestoga Wood were decided. Some excerpts: “As Justice Alito aptly points out, corporations are ensembles of persons, made for the purposes, including the moral purposes, of persons. That was a point at long last worth making in the […] -
“Recasting Religious Freedom” –Hadley Arkes in First Things
In the June/July 2014 issue of First Things, Prof. Hadley Arkes examines the grounds on which we can determine what is a religion in light of cases before the Supreme Court in a piece titled, "Recasting Religious Liberty." -
“Hobby Lobby at the Court, Today” —Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Hadley Arkes reflects on the cases of Hobby Lobby and Conestoga Wood as tests of religious liberty when it takes the corporate form. Some excerpts: “If nothing else, a business that closes on the Sabbath or offers kosher food would reveal that character. It may be an ebbing of […] -
“Razing Arizona” —Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Hadley Arkes discusses Arizona Gov. Jan Brewer’s veto of a bill that would extend religious liberty protections to businesses that take the form of corporations. Some excerpts: “Anyone who read the bill with an awareness of the issues agitating our politics of late would recognize at once what was moving the […] -
“And Now Comes Judge Sykes” —Prof. Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Arkes discusses a recent decision on religious liberty by Judge Diane Sykes of the U.S. Court of Appeals for the 7th Circuit moving along the lines of natural rights reasoning