Articles tagged as Same-Sex Marriage
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Bigotry, Time, and Moral Progress: A Review by JWI Affiliated Scholar Justin Dyer in the Cambridge Journal of Law and Religion
JWI Affiliated Scholar and Fellowship Faculty member Prof. Justin Dyer reviewed Who’s the Bigot? Learning from Conflicts over Marriage and Civil Rights Law by Linda C. McClain in the Cambridge Journal of Law and Religion. You can read the full book review here. Here is an excerpt from the book review: The implicit underlying moral […] -
“Conservatives After Fulton: Time for a New Path”: Hadley Arkes in Anchoring Truths
In an exclusive essay for JWI’s newest publication, Anchoring Truths, JWI Founder and Director Hadley Arkes offered some reflections on the recent Supreme Court ruling in Fulton v. Philadelphia. He describes the conservative frustration with the ruling Employment Division v. Smith (1990) but suggests that their ire with the holding is misplaced. Given that the […] -
“Visit to a Familiar, Now Distant Place” – Prof. Hadley Arkes in The Catholic Thing
In his latest column for The Catholic Thing, JWI Founder and Director Prof. Hadley Arkes reflects on a speech that he recently delivered before the Catholic Boston College Republicans, who invited him to discuss Natural Law. He was pleased by the receptiveness of the students, but also found that some had accepted certain progressive doctrines. […] -
“Scenes From A Revolution? After Bostock”: Gerard Bradley in the National Catholic Register
JWI friend and Notre Dame law professor Gerard Bradley argues in the National Catholic Register that Bostock v. Clayton County need not be understood as a sweeping, regime-altering decision, such as previous Supreme Court decisions like Roe v. Wade and Obergefell v. Hodges. In Roe and Obergefell, the Court embarked on exercises of constitutional revision, […] -
“Conservative Jurisprudence Resorts to Relativism”–Professor Hadley Arkes in First Things
Writing at First Things, Professor Arkes weighs in on the decision of the Supreme Court in Masterpiece Cakeshop. The majority opinion has been described as a “narrow” decision to vindicate a Colorado baker in his refusal to supply a wedding cake for a same-sex marriage ceremony. At stake were the defendant’s rights to free expression […] -
“Memories of Nino” –Prof. Hadley Arkes in First Things
In the wake of the tragic passing of Justice Antonin Scalia, Prof. Arkes shares a personal account of Justice Scalia’s legacy in First Things. “Friends will be asked in the days ahead to give accounts, or offer statements on his legacy, and it will be so hard to sift through the memories and notes—through the rollicking […] -
“Can the Political Branches Counter the Courts on Marriage and Abortion?: Teaching Conservatives Again What They Once Used To Know”–Prof. Hadley Arkes at the Thomas More Society of America, D.C. Chapter
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“Ryan Anderson’s Powerful Case for Marriage”—Prof. Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Hadley Arkes reviews Dr. Ryan Anderson’s book, Truth Overruled: The Future of Marriage and Religious Freedom. Arkes finds Anderson’s argument which defends marriage between one man and one woman as rooted in something more fundamental than the positive law. “Ryan Anderson has taken it as his mission to make the […] -
“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 […]