This week, two members of the North Carolina House of Representatives submitted a resolution which would declare that “the Constitution of the United States of America does not prohibit states or their subsidiaries from making laws respecting an establishment of religion.” In other words, the legislation declared that that the state could make its own laws about religion and the federal government would not be able to stop them. Although the resolution is not likely to be approved, it does deserve some serious examination as it reflects a common argument arising in the religious right that the Establishment Clause does not apply to the states.
Supreme Court
Supreme Court Hears Arguments on Defense of Marriage Act: Is Federal Government in the Marriage Business?
Please see Jason Hines’ recap/analysis of the Proposition 8 oral arguments. By Jason Hines -There were several...
Outcome Unpredictable but Prop 8 Supporters Had Tough Day in S. Court
By Jason Hines - Today was a landmark day for the Supreme Court, as it heard arguments on the constitutionality...
ANALYSIS: Supremes Hear California Marriage Case – Prop 8 Advocate Argues It’s All About Procreation
The Roberts Court (2010 – ) By Michael D. Peabody - Today Proposition 8 supporters had the opportunity...
(UPDATE) Kentucky Governor Vetoes Religious Freedom Bill; Legislature Overturns Veto
On Friday, March 22, Kentucky Governor Steve Beshear (D) vetoed a religious freedom Bill (HB 279) claiming that the bill would “cause serious unintentional consequences that could threaten public safety, health care, and individuals’ civil rights.” The legislature is expected to override the veto.
Read more ›Kentucky Legislature Passes Religious Freedom Restoration Measure
In response to a state Supreme Court decision upholding incarceration of an Amish group for refusing for religious reasons to install orange triangles on their buggies, the Kentucky Legislature has, by a veto proof margin, passed a measure (HB 279) which is designed to prevent the government from substantially burdening an individual’s freedom of religion.
Read more ›US Supreme Court to hear Arguments on DOMA and Prop 8 on March 26
The U.S. Supreme Court has scheduled two days of oral arguments on two separate but related cases beginning on March 26, 2013. The Court will be hearing arguments on California’s Proposition 8 which amended the state constitution to disallow same-sex marriage is constitutional and the federal Defense of Marriage Act (DOMA).
Read more ›A Document in Common: Leaders Reflect on the 225th Anniversary of the US Constitution
On September 17, 1787, the Constitution of the United States was signed by thirty-nine men who changed the course of history. This year as we celebrate the 225th anniversary of the signing of the Constitution, we reflect on the impact this document has made on societies around the world. [...]
Read more ›American Values: The Individual Mandate vs. Social Darwinism
Many conservatives have eviscerated Obamacare, arguing that it would “raise premiums, unconstitutionally force people to buy health care, cause the deficit to skyrocket, slash Medicare spending to create a new entitlement, cause rationing, cause a significant number of doctors to leave the practice, and destroy the quality of American healthcare. Although I am a lifelong Republican, I must respectfully disagree with my conservative brethren on many of these points.
Read more ›Principled Freedom: Religious Liberty Plays Musical Chairs
By Nicholas P. Miller – It is time to examine a position that provides a principled freedom, both religious and civil, the possibility of a public morality, and a common language with which to discuss and debate the issues. he recent presidential campaign has broken out into a disorienting game of [...]
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