Articles tagged as Same-Sex Marriage
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“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 […] -
“Marriage and the Court: The Expected Arrives”—Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing on the Obergefell ruling, Prof. Arkes, in “Marriage and the Court: The Expected Arrives,” discusses the recent ruling from the Court; he reminds us of the essence of marriage as we have heretofore known it—and why we must still have an interest in preserving that institution. “The ‘right to abortion’ has been […] -
“After Obergefell: A First Things Symposium”—A Response from Prof. Hadley Arkes
Charged with the questions both of how we should “respond to the ruling by the Supreme Court in Obergefell v. Hodges that there is a constitutional right to same-sex marriage,” and of “what’s next” in the wake of that decision, several contributors to First Things offered their responses to the queries above. Arguing that we should proceed in […] -
“Waiting for the Decision on Marriage”—Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing, Prof. Hadley Arkes, in “Waiting for the Decision on Marriage,” discusses both how the impending ruling will hinge on the work of Justice Kennedy, and how, in the wake of the expected outcome, we can respond to the edict of the Court. Some excerpts: “As Justice Kennedy has himself said, […]