Marriage

Ultimate Values: A Method for Resolving Cases that Force a Choice between Discrimination and Religious Liberty

Ultimate Values: A Method for Resolving Cases that Force a Choice between Discrimination and Religious Liberty

By David Hamstra – It is tempting to resolve the question in favor of one or the other depending on what our moral intuitions tell us about the way the world should be, but to do so, as I will argue later, is to impose upon the weak the vision of morality held by the powerful, putting our society on a trajectory towards totalitarianism. Instead, I want to propose an principled way to approach these cases that will hopefully allow those on either side to find common ground.

 
 

A Call for Peace in the Fight Over Same-Sex Marriage

Calls for protecting “religious liberty” have expanded beyond school prayer and religious monuments on government property to become a rallying call for the Christian right in America following the U.S. Supreme Court rulings on same-sex marriage, the Obamacare contraception mandate, reports of anti-Christian activity in the military, and anti-discrimination ordinances protecting the LGBT community. This is in response to what […]

 
 

What Changed? Will the Court's Same-Sex Marriage Cases Affect You?

What Changed? Will the Court's Same-Sex Marriage Cases Affect You?

Neither Hollingsworth nor Windsor demand that any church, even in states that allow gay marriage, be forced to conduct gay weddings. Moreover, these decisions do not affect the ability of churches to decry homosexuality or homosexual conduct as immoral.

 
 

Supreme Court Hears Arguments on Defense of Marriage Act: Is Federal Government in the Marriage Business?

Supreme Court Hears Arguments on Defense of Marriage Act: Is Federal Government in the Marriage Business?

One of the more interesting aspects of the gay marriage debate that the arguments of the last two days have highlighted is how different the discussion of marriage is from the religious to the legal realm. Religion was not mentioned one time over the course of the two days and neither should it have been. The issues of the extension of civil marriage are not issues of theology or spirituality (and they still won't be if same-sex marriage became legal nationwide tomorrow).

 
 

Outcome Unpredictable but Prop 8 Supporters Had Tough Day in S. Court

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 of Proposition 8. I have written about this case at every level (on the state level and at the 9th Cir.) so it only seems right that I talk about the arguments that took place earlier today. However, it doesn't make sense to give a straight up and down summary or even a major analysis (there are plenty of people who did a good job of that, including this article by Adam Serwer), but there are some things that I want to highlight. Some will be important, some won't, but these are the things that came to mind as I listened to the oral arguments –

 
 

ANALYSIS: Supremes Hear California Marriage Case – Prop 8 Advocate Argues It's All About Procreation

ANALYSIS: Supremes Hear California Marriage Case – Prop 8 Advocate Argues It's All About Procreation

Once again making the same tactical mistakes that were made in the lower courts, the Proposition 8 advocate failed to make an argument that would pass the muster of the “rational basis” test required before rights can be denied, and lost any ability to frame the debate.

 
 

US Supreme Court to hear Arguments on DOMA and Prop 8 on March 26

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).

 
 

The Results: Voters Decide on Same-Sex Marriage, Marijuana, and Religious Freedom

The Results: Voters Decide on Same-Sex Marriage, Marijuana, and Religious Freedom

On November 6, 2012 voters in many states had the opportunity to make decisions on a number of state laws through ballot measures. Voters in Maine, Maryland, and Washington voted in favor of measures that would legalize same-sex marriage. Voters in Minnesota rejected a proposed constitutional amendment banning same-sex marriage, and voters in North Carolina voted to define marriage as solely existing between one man and one woman.

 
 

Principled Freedom: Religious Liberty Plays Musical Chairs

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 religious liberty musical chairs; Catholic bishops assert the importance of […]

 
 

California Senate Approves Controversial Counseling Ban (Pacific Justice Institute)

The California Senate today voted in favor of a groundbreaking bill designed to prohibit counselors and therapists from telling young people it is possible to change same-sex attractions.