On July 1, 2009, Tennessee Governor Phil Bredesen signed the Religious Freedom Restoration Act into law. Introduced in February, House Bill 1598 requires Tennessee courts to apply the “compelling state interest” test to cases in which a law substantially burdens one’s right of free exercise of religion. The state now has the burden of…
Author: Michael Peabody
1967 U.S. Supreme Court Decision sheds light on California marriage debate
There is presently much debate about gay marriage in California, and the roots for the argument come from several directions. In 1967 the United States Supreme Court addressed the issue of whether marriage was a fundamental right. Granted it had to do with people of the opposite sex, but the arguments for the State of Virginia which forbade interracial marriage were primarily religious in nature.
When you think about it, 1967 was not very long ago. If you are older than 42, if your parents were from sixteen states, including Texas, Oklahoma, Missouri, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, Kentucky, West Virginia, Virginia, North Carolina, Delaware, South Carolina, Georgia, or Florida, and were from different races their marriages would have been illegal. In California, interracial marriage was illegal until 1948.
Doug Kmiec on a Court Packed with Catholics (Wall Street Journal)
If Judge Sonia Sotomayor is confirmed by the United States Senate, she will be the 6th Catholic among the 9 United States Supreme Court justices. Doug Kmiec, my constitutional law professor in the area of the Bill of Rights at Pepperdine University, discusses what this will mean in a recent interview with Suzanne Sataline of…
The dangers of relinquishing liberty for a quiet and “safe” life
In recent months, it has become increasingly clear that religious freedom, or any individual liberties for that matter, are best respected in lands where private property and financial resources are respected by the state. Mark Steyn explores the themes of private property and financial responsibility in this speech describing the dangers other nations are facing when…
Supreme Court nominee Sotomayor’s rulings on religious issues
University of Toledo law professor Howard M. Friedman has compiled a list of Judge Sonia Sotomayor’s rulings on religion clause issues at his blog, Religion Clause. Sotomayor has served on the Second Circuit since 1998. She served as a federal district court judge in the Southern District of New York from 1992 to 1998.
Preliminary Analysis: Congress Passes Hate Crime Legislation
With the news this week that the United States House of Representatives has passed, H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act of 2009, there is some concern about what this will mean for individuals or churches that express their religious beliefs regarding sexual orientation. I discussed the 2007 version of this bill in…
Interview: Scott Ritsema talks about his new book “The Way, the Truth and the Sword”
Scott Ritsema tackles the current controversy surrounding issues of faith and political power in his new book, The Way, the Truth and the Sword: A New Christian Civics in an Age of Coercive Power. I recently caught up with him to discuss the book, which is available online at http://www.lulu.com/content/3160866 RLTV: Your book has a fascinating…
Alan Greenspan: Gold and Economic Freedom (1966)
[Given the recent state of the economy, it is important to explore whether there is a strong correlation between religious freedom and economic freedom, or individual property rights and the interest of the state. The following was published in Ayn Rand’s “Objectivist” newsletter in 1966, and reprinted in her book, Capitalism: The Unknown Ideal, in 1967. Regardless…
Raw Majority Power: Why Checks and Balances Matter
An epic battle played out on two levels at the California Supreme Court on March 5. On a surface level, attorneys fought over a technical issue of whether the Proposition 8 prohibition on gay marriage represented a revision or an amendment. On the deeper level, the question asked was whether there are any limits on the majority to impact the rights of the minority.
Economics, Faith, and Politics – European Churches call on EU Parliament to adopt ‘work-free Sunday’ declaration
The Protestant Church in Germany (EKD), COMECE (the Bishops Conference of the European Community), and the Church of England are calling upon the European Union Parliament to approve a Written Declaration on “on the protection of a work-free Sunday as an essential pillar of the European Social Model and as part of the European cultural heritage.”