Category : Supreme Court

(NR) David French–The Dangerous Supreme Court Case, National Institute of Family and Life Advocates (NIFLA) v. Becerra, nobody Is Talking About

The NIFLA case, however, is unquestionably about compelled speech. The state of California has enacted a law, the so-called FACT Act, that requires pro-life crisis-pregnancy centers to prominently place a notice informing clients that California offers low-cost and even free abortions to women who qualify and providing them a phone number that grants quick access to abortion clinics.

In other words, California is requiring pro-life professionals — people who’ve dedicated their lives to protecting the unborn by offering pregnant mothers alternatives to abortion — to advertise state-sponsored abortions. California is making this demand even though it has ample opportunity to advertise state services without forcing pro-life citizens to do so. The state can rent billboard space on the very streets where crisis-pregnancy centers are located. It can hand out leaflets on the sidewalk. It can advertise on television and the radio. It can advertise on the Internet or social media. But rather than using its own voice, it is co-opting the voices of its pro-life citizens, forcing them to join its pro-abortion crusade.

And the Ninth Circuit Court of Appeals held that the FACT Act is constitutional. To validate California’s oppressive act, its decision carved out a dangerous First Amendment exception for what it deemed “professional speech” — “speech that occurs between professionals and their clients in the context of their professional relationship” — and ruled that the state had much greater leeway in regulating, for example, doctor/patient communication.

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Posted in Anthropology, Ethics / Moral Theology, History, Law & Legal Issues, Life Ethics, Religion & Culture, Supreme Court

Historic victory over Jim Crow–Elizabeth Herbin-Triant on the Supreme Court’s 1917 decision in Buchanan v. Warley

The celebration of the legacy of Martin Luther King Jr., is a time when Americans should remember not just King’s work, but that of many other civil rights activists whose efforts King built upon. One important milestone won by civil rights activists decades before King came to the world’s attention is the Supreme Court’s decision in Buchanan v. Warley. This little-remembered decision, made 100 years ago last November, dealt a blow to Jim Crow at a time when segregation was flourishing in the South.

In 1914, Louisville, Ky. implemented an ordinance prohibiting African-Americans from occupying houses on majority-white blocks and whites from occupying houses on majority-black blocks. The ordinance was part of a regional trend. In 1910, Baltimore became the first to enact such an ordinance, followed by about a dozen other cities across the South over the next few years.

The lengthy title of Louisville’s ordinance contained its rationale: “An ordinance to prevent conflict and ill-feeling between the white and colored races in the city of Louisville, and to preserve the public peace and promote the general welfare, by making reasonable provisions requiring, as far as practicable, the use of separate blocks, for residences, places of abode, and places of assembly by white and colored people respectively.”

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Posted in America/U.S.A., Law & Legal Issues, Race/Race Relations, Supreme Court

(WSJ) Tunku Varadarajan: India’s Imaginary ‘Love Jihad’–Judges break up the marriage of a Hindu woman who converted to Islam

This is the story of Hadiya, currently the most famous woman in India. Like any person of modest profile rocketed into national headlines, she’d rather be leading an anonymous life. But her parents—and the Supreme Court of India—will not let her.

Hadiya, a medical student, was born 25 years ago into a Hindu family in the southern state of Kerala. In 2015 she converted to Islam, and last year she married a Muslim man. In the process, she changed her Hindu given name from Akhila Ashokan to the adoptive Muslim Hadiya.

Her parents, appalled by the decision, urged the courts to annul her marriage in December 2016. They contended that she had converted to Islam under duress. Worse, they alleged that their daughter’s husband, Shafin Jahan, was involved in terrorism and intended to traffic her to Syria.

In a judgment that was startling in its paternalism and sexism, the Kerala High Court annulled Hadiya’s marriage, holding that she could not possibly have converted and married of her own free will.

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Posted in Hinduism, India, Islam, Law & Legal Issues, Marriage & Family, Religion & Culture, Supreme Court

(NR) David French–Stop Misrepresenting the Masterpiece Cakeshop Case Heading to the US Supreme Court

To the extent that Boylan engages with Phillips’s actual argument, she waves it away with a paragraph so specious that one has to read it to believe it:

Mr. Phillips certainly makes nice-looking cakes. But I’m not sure I’d call them artistic expressions, at least not in the same sense as, say, Joyce’s “Ulysses.” That argument demands that the court get into the business of defining art itself, a door the justices open at their peril. Is a well-manicured lawn a form of art by this definition? How about a lean corned beef sandwich? What would not be art if the court rules to protect icing and buttercream?

In this case, the complaining gay couple ultimately decided on a rainbow cake. Can Boylan not see that the cake clearly and unmistakably sent a specific message? There is a substantial difference between a rainbow symbol at an event celebrating a same-sex wedding and a corned-beef sandwich. Phillips isn’t comparing himself to Joyce, he’s making the painfully obvious point that there’s a viewpoint inherent in the expression his customers asked him to create — a viewpoint that a well-manicured lawn lacks.

Here’s the problem. If a writer squarely addresses the argument that Phillips actually makes, then she will soon run head-on to a sobering constitutional reality. Sexual revolutionaries are asking the Court to overturn generations of constitutional precedent to allow the state to compel American citizens to advance ideas they find reprehensible.

Boylan claims that Phillips is seeking special religious exemptions. To the contrary, sexual revolutionaries are seeking exemptions from the Constitution. They believe that same-sex marriage is so precious that even artists can be conscripted into the ceremony — despite their deeply held beliefs. They believe that the cost of entering the marketplace is not just the loss of your distinct artistic voice but the commandeering of that voice by your ideological foes to advance their ideological interests.

Read it all (his emphasis).

Posted in --Civil Unions & Partnerships, Anthropology, Ethics / Moral Theology, Law & Legal Issues, Religion & Culture, Sexuality, Supreme Court, Theology

(Wash Post) Erik Wemple–NYT’s (former Supreme Court Reporter) Linda Greenhouse boasts of monthly Planned Parenthood donations

Linda Greenhouse has nothing to hide with respect to her charitable activities. Writing in her new book “Just a Journalist: On the Press, Life and the Spaces Between,” the former New York Times reporter notes that she wasn’t content to allow Planned Parenthood to deduct a monthly contribution from her bank account. “It was important to me to write a check every month and sign my name,” writes Greenhouse, who is now a contributing op-ed writer for the same paper. “It was the signature of a citizen. The stories that appeared under my byline, on abortion and all other subjects, were the work of a journalist. If anyone ever thought those failed to measure up to professional standards, they never told me or anyone else.”

That’s one heck of an internal firewall. Skeptics of Greenhouse’s remarkable ethical divisibility are already speaking up. “Rather than meld her identities, she dons or sheds them whenever convenient,” writes Washington Post book critic Carlos Lozada.

The New York Times itself preaches caution when making donations. “Staff members should think carefully about their own contributions to various causes, bearing in mind the need for neutrality on divisive issues,” notes a September 2004 New York Times ethics guide. “Those in doubt about contributions should consult their supervisors and the standards editor or the deputy editorial page editor.”

Read it all.

Posted in Ethics / Moral Theology, Law & Legal Issues, Life Ethics, Media, Politics in General, Supreme Court

(CT) Supreme Court Gives Christian Schools a Big Victory

Trinity Lutheran argued that Missouri was violating the free exercise clause of the First Amendment (“no law … prohibiting the free exercise of religion”) by declaring the church’s preschool ineligible for a grant program—which helped cover the cost of safer playground surfaces made of recycled tires—just because the school was affiliated with the church.

On the other side, the Missouri Department of Natural Resources deployed the establishment clause of the First Amendment (“no law respecting the establishment of religion”) to defend its decision not to provide aid directly to a church, even if used for a secular purpose. This prohibition has been codified in Missouri and 30 other states under laws known as “Blaine Amendments.” Missouri’s bars state funds from going “directly or indirectly, in aid of any church, sect, or denomination of religion.”

While Roberts wrote that the consequences of Missouri’s rejection were likely “a few extra scraped knees,” he considered the discriminatory policy “odious to our Constitution all the same.” He defended the rights of religious institutions to get their fair share of public benefits.

By siding with the church, the Supreme Court sets a precedent against a strict interpretation of state-level Blaine Amendments, thereby shifting the prospects for religious institutions’ involvement in public programs.

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Posted in America/U.S.A., Education, History, Law & Legal Issues, Religion & Culture, Supreme Court

(WSJ) Nathan Diament–What Neil Gorsuch Sees That Antonin Scalia Didn’t

What comes through in these opinions is a recognition that seems to have eluded Scalia in 1990: The law is meant to be a bulwark against the infringement—whether by government or other powerful entities—upon a person’s religious conscience and practices. It is not enough to allow Americans to believe as they wish; they must also be able, generally, to act in conformity with their beliefs.

Accommodations for religious observance are welcome from the legislative or executive branches, but the Framers put freedom of religion in the Bill of Rights to guarantee it. The First Amendment applies to people of all faiths, and shouldn’t depend on political power. What is required is enforcement by jurists sensitive to the needs of religious minorities.

Whether Judge Gorsuch will be confirmed to the Supreme Court remains to be seen. But his record suggests that those who care about religious liberty may want to pray that he gets the chance to rule on it.

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Posted in America/U.S.A., Ethics / Moral Theology, History, Law & Legal Issues, Religion & Culture, Supreme Court

(CT) Thomas Berg–Antonin Scalia: Devout Christian, Worldly Judge

“He was a man. Take him for all in all. [We] shall not look upon his like again.” Those words from Hamlet seem appropriate on the death of US Supreme Court Justice Antonin Scalia. He had a powerful effect on the Court and on the law more broadly. Scalia was the most eloquent and prominent proponent of the idea that the Constitution should be interpreted according to the “original meaning” of its words: the meaning they had at the time of their adoption. He argued, in his inimitable style, for a “dead Constitution”””whose meaning is fixed until changed by formal amendment””over a “living Constitution” that a judge can manipulate into whatever shape he wishes.

Moreover, except for Ruth Ginsburg, it is hard to imagine another justice becoming so visible in the broader culture. Many who hated Scalia’s rulings could not help but be entertained by his razor-sharp writing, which he used especially in his dissenting opinions to carve up the majority’s reasoning (my favorite is Planned Parenthood v. Casey, where among other things he referred to the majority’s “Nietzschean vision of us unelected, life-tenured judges””leading a Volk who will be ”˜tested by following’” the Court’s rulings obediently). In a talk at my law school last November, he said that he wrote his dissents “mainly for you guys, for law students.” His eloquence inspired generations of lawyers and students convinced by his judicial philosophy.

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Posted in * Culture-Watch, * Economics, Politics, * Religion News & Commentary, Ethics / Moral Theology, History, Law & Legal Issues, Other Churches, Politics in General, Religion & Culture, Roman Catholic, Supreme Court, Theology

(AC) Is anybody Listening***Rod Dreher–The Next Culture War Front (of Religious Freedom)

Chai Feldblum isn’t a minor figure. She is the head of the on the Equal Employment Opportunity Commission, having been appointed by President Obama, and will be in that post until her term expires in 2018. Long before she was elevated to the EEOC chairmanship, Feldblum was known for her view that there are almost no situations in which disputes between religious liberty and gay rights should be resolved in favor of religious liberty.

It fell to Andrew Sullivan (whose voice I miss more and more every week) to defend freedom to the crowd. You really should read the whole Reason report to hear what he had to say. It includes a link to Andrew’s presentation, in which he says that the LGBT-industrial complex needs to keep the bogeyman of Oppression alive (“These people’s lives and careers and incomes depend on the maintenance of discrimination and oppression”), and says that religious liberty is just about the most important American freedom.

The hard truth is that Andrew Sullivan, alas for us all, is irrelevant to the debate now. When I saw him this spring in Boston, he told me that he can’t go on some campuses now because the gay left hates him for speaking out for religious liberty, and in particular for Brendan Eich. Think about that: fewer than four years ago, the president of the United States was formally committed to maintaining traditional marriage in law. Now, we have Court-mandated gay marriage from coast to coast, and Andrew Sullivan, who has done as much or more than any single person to make that happen, is now regarded by the gay rights movement as some sort of reactionary because of his liberal views.

Read it all (emphasis mine).

I will take comments on this submitted by email only to KSHarmon[at]mindspring[dot]com.

Posted in * Culture-Watch, * Economics, Politics, * International News & Commentary, --Civil Unions & Partnerships, America/U.S.A., Anthropology, Ethics / Moral Theology, History, Law & Legal Issues, Marriage & Family, Politics in General, Psychology, Religion & Culture, Sexuality, Supreme Court, Theology

(W Post) Dominic Bouck–A country without churches

After the Obergefell decision, Time magazine writer Mark Oppenheimer was quick to declare that the state should “abolish, or greatly diminish” property tax exemptions for churches that “dissent from settled public policy on matters of race or sexuality.”

Punishing “dissent” seems a strange new role for the American government. In the mid-twentieth century, the Catholic church was a leading advocate against anti-miscegenation laws. The church was able to take a stand contrary to the state on marriage and not be penalized for it, a position now almost unquestionably supported by Americans. And despite the confidence of those like Oppenheimer, the dissenters aren’t even a minority in the more recent marriage controversy. Most Americans favor religious liberty, and a plurality oppose Obergefell.

Allowing conscientious objection is an acknowledgment that the state does not have all the answers. The state has an obligation to make laws, but the state has no obligation to be correct. The independent voices that critique the state make the state better, and should not be silenced. Lose churches, lose the independent voices that prevent the state from having an absolute say in complicated moral matters.

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Posted in * Christian Life / Church Life, * Culture-Watch, * Economics, Politics, --Civil Unions & Partnerships, Economy, Ethics / Moral Theology, History, Marriage & Family, Parish Ministry, Politics in General, Psychology, Religion & Culture, Sexuality, Supreme Court, Taxes, Theology

(Christian Today) Ravi Zacharias: We've reached 'breaking point' on divide over sexuality

“Compromising the truth is a serious blunder” but we must always live out our beliefs with love and grace, Ravi Zacharias has said in a detailed blog post addressing same-sex relationships.

The author and speaker who chairs the Oxford Centre for Christian Apologetics (OCCA), says he is against gay marriage, and points to the biblical description of one man and one woman in sacred commitment. “So profound is this union that the relationship of God to the Church bears that comparison. He is the bridegroom; the Church is the bride,” Zacharias writes.

Responding to the US Supreme Court’s recent decision to legalise same-sex marriage, which Zacharias says “sent tremors around the globe,” the author warns that we are at “breaking point”.

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Posted in * Culture-Watch, * Economics, Politics, * Religion News & Commentary, --Civil Unions & Partnerships, Anthropology, Ethics / Moral Theology, Evangelicals, Law & Legal Issues, Marriage & Family, Other Churches, Politics in General, Sexuality, Supreme Court, Theology, Theology: Scripture

(Wash Post) Sarah Pulliam Bailey–Is polygamy next in the marriage debate?

The Supreme Court’s decision in June that legalized same-sex marriage across the country has unleashed a renewed debate over polygamy, leaving some to wonder why marriage should be considered between just two persons.

The first legal challenge involving polygamy came last week after a man from Montana said the Supreme Court’s decision inspired him to apply for a marriage license so he can legally marry a second woman. Nathan Collier, who was featured on the reality television show “Sister Wives,” said he will sue the state if it denies him the right to enter into a plural marriage.

“It’s about marriage equality,” Collier told the Associated Press. “You can’t have this without polygamy.” A county civil litigator Kevin Gillen said he was reviewing Montana’s bigamy laws and expected to send a formal response to Collier by this week.

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Posted in * Culture-Watch, * Economics, Politics, --Civil Unions & Partnerships, Children, Law & Legal Issues, Marriage & Family, Politics in General, Sexuality, Supreme Court

(Theopolis Institute) After Obergefell: Ephraim Radner

Third, the Christian Church is now a secondary player in these cultural transformations. She is also intrinsically debased, so intertwined has she become, at least regionally, with larger cultural shifts and declensions. The imperative for renewal, both within the church and in her relationship with surrounding political cultures, is inescapable. Are we in need of new reformation, in line with the reformations of fourth century, the twelfth, the sixteenth, and the nineteenth? If so, we will need to reform in the direction of Christian unity, the lack of which helped to create the very ecclesial incapacities of today.

Finally, we are confronting the long-term of God’s providence. Ecclesial reformation or not, cultures are not changed in an instant, except perhaps through cataclysm (which no one wants, however regular and inevitable it is within the course of human history). We have entered Canaan and been swallowed up before Moloch in the same way that Israel was enveloped by a surrounding religion of idolatrous violence. So we affirm with the Psalmist: “When my father and my mother forsake me, then the Lord will take me up.”

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Posted in * Anglican - Episcopal, * Christian Life / Church Life, * Culture-Watch, * Economics, Politics, --Civil Unions & Partnerships, Anthropology, Church History, Ecclesiology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Religion & Culture, Sexuality, Supreme Court, Theology, Theology: Scripture

(The Week) W. James Antell–How the Supreme Court's Oberfell ruling could destroy United Methodism

Some Christians are worried that their churches will lose their tax-exempt status as a result of the Supreme Court’s decision declaring gay marriage a constitutional right. I’m worried that my church will cease to exist altogether, or at least in its present form.

The United Methodist Church is the largest mainline Protestant denomination in America. Following decades of steep membership losses across all these historic churches, that’s kind of like being the tallest building in Topeka. But only the Roman Catholic Church and the Southern Baptist Convention have more U.S. members, and the United Methodist Church’s international membership is actually growing.

Almost alone among mainline Protestant churches, the United Methodists have remained committed to orthodox Christian standards of sexual morality. Clergy must be celibate when single and monogamous in marriage, which is defined as the union of a man and a woman. Methodist pastors are not permitted to perform same-sex marriage ceremonies.

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Posted in * Culture-Watch, * Economics, Politics, * International News & Commentary, * Religion News & Commentary, --Civil Unions & Partnerships, America/U.S.A., Anthropology, Ecclesiology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Methodist, Other Churches, Politics in General, Religion & Culture, Sexuality, Sexuality Debate (Other denominations and faiths), Supreme Court, Theology, Theology: Scripture

(RCR) Dominic Lynch–After Obergefell, Churches Are Next

…one thing is certain: the religious liberty of individuals and faith-based institutions — up to and including churches — is now threatened in a way not present before the ruling. When the Court heard oral arguments for Obergefell in April, Solicitor General Donald Verrilli’s admitted that the tax-exempt status of religious institutions “could be an issue” if same-sex marriage is recognized as a right.

Sounding very much unlike the man from Burwell, Chief Justice Roberts’s Obergefell dissent lays the stakes on the table:

Today’s decision, for example, creates serious questions about religious liberty. Many good and decent people oppose same-sex marriage as a tenet of faith, and their freedom to exercise religion is — unlike the right imagined by the majority — actually spelled out in the Constitution. Respect for sincere religious conviction has led voters and legislators in every State that has adopted same-sex marriage democratically to include accommodations for religious practice. The majority’s decision imposing same-sex marriage cannot, of course, create any such accommodations. The majority graciously suggests that religious believers may continue to “advocate” and “teach” their views of marriage. The First Amendment guarantees, however, the freedom to “exercise” religion. Ominously, that is not a word the majority uses.

How do we get from “marriage equality” to churches forced into performing weddings that violate their teachings? Lawsuits.

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Posted in * Christian Life / Church Life, * Culture-Watch, * Economics, Politics, Anthropology, Ethics / Moral Theology, Law & Legal Issues, Marriage & Family, Parish Ministry, Politics in General, Religion & Culture, Supreme Court, Theology, Theology: Scripture