Why the Supreme Court Should Overrule the Same-Sex Marriage Decision
Shortly after the ruling, I wrote that Obergefell might be the Supreme Court’s “most radical decision ever.” A decade later, that assessment seems correct.
Rob Responds to Editorial Praising Order Forcing Baker to Make Same-Sex Wedding Cake
The following response to a Denver Post editorial first appeared in the Aug. 23, 2015 Denver Post. Are those signs that say “no shirts/no service” now illegal? Your August 14 editorial endorses a court ruling forcing a baker—at the cost of his livelihood!—to assist conduct his religious faith says is immoral. “Commercial establishments can’t pick […]
The Most Radical Decision Ever?
This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete thoughts: * A big expansion of federal power. Many libertarians believe the courts should use the Fourteenth Amendment to protect rights unenumerated in […]
The Supreme Court’s Same-Sex Marriage Non-Decision: Cowardly and Irresponsible
This article was first posted at cnsnews.com. The Supreme Court’s decision to reject all requests for review of lower-court homosexual marriage cases was cowardly and irresponsible. Certainly it is absurd to call this non-decision, as liberal commentator Cass Sunstein did, a manifestation of “the passive virtues.” There are two possible reasons for the Court’s avoidance. […]
The Constitutional Issues In Same-Sex Marriage
I’ve found that most of the discussion about same-sex marriage, even among lawyers, tends to mis-characterize the constitutional issues. This is particularly true of the “equal protection” issues. Under the Constitution as originally understood, jurisdiction over domestic relations outside federal enclaves and federal territories was reserved to the states. State laws dealing with domestic relations […]
