• Politics

    Obergefell v. Hodges [full text]

    Below is the Supreme Court’s decision the long-awaited gay marriage case, Obergefell v. Hodges). Justices had two questions to answer, and the majority answered yes to both of them: 1. Does the 14th Amendment require states to issue marriage licenses to two people of the same sex? 2. Does the 14th Amendment require states to recognize same-sex marriages licensed in other states? The Supreme Court requires all states to issue marriage licenses to gay couples. Gay marriage is now legal and required in all 50 states. Here’s the actual language from the holding: The Fourteenth Amendment requires a State to license a marriage between two people of the same sex…

  • Christianity,  Politics

    How to protect your church against sexual orientation and gender identity lawsuits

    In today’s New York Times, constitutional law expert Eugene Volokh says: If I were a conservative Christian (which I most certainly am not), I would be very reasonably fearful, not just as to tax exemptions but as to a wide range of other programs — fearful that within a generation or so, my religious beliefs would be treated the same way as racist religious beliefs are. Volokh’s warning is jarring, but it need not send Christians into a panic. It should, however, steel our resolve to be prepared for what is coming our way after the high court legalizes same-sex marriage nationwide (as most observers expect it will do). That…

  • Christianity,  Culture,  Politics

    Is taking down the Confederate battle flag a mere gesture?

    I have been watching the flag controversy from a distance, choosing not to weigh-in until now. Well, I guess that’s not quite right. Early on, I did tweet my opinion on the matter but offered little more. So for those who missed it, I agree that the flag should come down. It has been interesting to see the conversation unfold among evangelical and conservative writers. Russell Moore, Albert Mohler, Rod Dreher, Ross Douthat, and countless others have called for its removal. Even Doug Wilson has declined to defend the flag as a symbol of southern resistance against federal encroachment, saying “Just take it down, man!” Among conservatives, it seems those…

  • Culture,  Politics

    How can we deny marriage to polygamists?

    Ross Douthat acknowledges that legal polygamous marriage doesn’t appear to be around the corner. Nevertheless, he rightly asks how long until it too becomes as inevitable as gay marriage. He writes: Can Americans say a permanent “no” to recognizing plural marriage once we’ve rooted for the Browns to get a “My Sisterwife’s Closet” jewelry line off the ground? Can a cultural left that believes in proliferating gender identities and Bruce Jenner’s essential womanhood draw the line, long-term, when a lesbian couple wants to include their baby’s biological father in their legal family, or when the child of polygamists stands up in court to say he wants his dad recognized as…

  • Christianity,  Politics

    National Review: For gay marriage and against Christian teaching

    I am not going to write an extended refutation of Jason Lee Steorts’s National Review article defending legal same-sex marriage. His arguments have been dealt with extensively elsewhere (see here or here for instance). But several quick comments are in order: 1. The National Review is a leading journal of conservative opinion. It should not be lost on us that many conservatives are eager to shed the albatross of traditional marriage. They view it as a political loser. Younger conservatives can hardly comprehend any reason to oppose gay marriage. At this point, the Republican party is divided on the issue with traditional social conservatives being the only ones holding the…

  • Christianity,  Politics

    Christian schools to lose tax-exempt status over gay marriage

    In a column for USA Today, Michael Farris looks at the implications of legal gay marriage for Christian schools. He writes: If the court rules in favor of same sex marriage, how can religious colleges that refuse to acknowledge such unions avoid [losing tax-exempt status]? No one should think that IRS implications will stop with colleges. Religious high schools, grade schools and any other religious institution will face the same outcome. And this includes churches. All of these entities are exempt from taxation under the same section of the IRS code. And even though churches can be exempt without application, their exemption can nonetheless be revoked. Even if it takes…

  • Christianity,  Politics

    Protecting Your Ministry from Sexual Orientation and Gender Identity Lawsuits

    In 2006 Chai Feldblum—whom Pres. Obama would later appoint as a commissioner of the EEOC—wrote that gay rights create a bona fide conflict with religious liberty. In an interview that same year, she told Maggie Gallagher that when there is a conflict between sexual liberty and religious liberty, sexual liberty should almost always win. In Feldblum’s own words,

  • News,  Politics

    Ryan Anderson says Kennedy may rule against redefining marriage

    Ryan Anderson went on Bill Bennet’s radio program today and said that he believes Kennedy may rule against redefining marriage (listen above). In Anderson’s own words: I went in thinking that Kennedy might have already made up his mind and Kennedy might be inclined to strike down these laws. I came out thinking Kennedy hasn’t made up his mind. And there’s a good chance that Kennedy’s going to be inclined to uphold the male-female marriage definition. I would like to let myself believe that Anderson is correct, but I am still very skeptical. Yes, Kennedy asked some tough questions. But Kennedy has written two landmark opinions in favor of gay…

  • News,  Politics

    Brief Reflections on the Oral Arguments

    Before yesterday’s oral arguments on gay marriage at the Supreme Court, I had contended that the Court’s decision was pretty much a foregone conclusion. I predicted that by the end of June, the Court would rule gay marriage to be a Constitutional right. Now that the case is in, I have listened to all of the arguments made by attorneys on both sides of the question. I have also listened to the Justices’ grilling of those attorneys, and I can say this. I am no Constitutional scholar, but I heard nothing today that would alter my original prediction. The Court will ensconce a Constitutional right to gay marriage.

  • News,  Politics

    Transcript and Audio of Supreme Court same-sex marriage case

    Below are the audio and transcripts of oral arguments made in the same-sex marriage case heard by the Supreme Court today (Obergefell v. Hodges). Justices heard each side present arguments in answer to two questions: 1. Does the 14th Amendment require states to issue marriage licenses to two people of the same sex? 2. Does the 14th Amendment require states to recognize same-sex marriages licensed in other states? The Court will render a ruling on these questions by the end of June. In the meantime, you can listen to or read the arguments from both sides below.