Loving v. Obergefell (Or: Interracial v. Gay Marriage)
From John Roberts’ dissent in Obergefell v. Hodges (2015):
This Court’s precedents have repeatedly described marriage in ways that are consistent only with its traditional meaning. Early cases on the subject referred to marriage as “the union for life of one man and one woman,” Murphy v. Ramsey, 114 U. S. 15, 45 (1885), which forms “the foundation of the family and of society, without which there would be neither civilization nor progress,” Maynard v. Hill, 125 U. S. 190, 211 (1888). We later described marriage as “fundamental to our very existence and survival,” an understanding that necessarily implies a procreative component. Loving v. Virginia, 388 U. S. 1, 12 (1967)… More recent cases have directly connected the right to marry with the “right to procreate….
Religious Liberty and Abortions
I have argued that the Satanic Temple’s claims that abortion restrictions are expressions of religious values to be correct, though I think the restrictions should still stand. Last year the Satanic Temple challenged Texas’ abortion restrictions on religious liberty grounds. The argument goes that Congress and the States may not restrict religious liberty, and abortion is a Satanic, religious practice: ergo, restricting abortion is a restriction on religious liberty. With the news that Roe v. Wade may be overturned, this argument has suddenly gained mainstream appeal.
I was happy to see Josh Blackman over at Reason explain why this approach to rolling back abortion restrictions is unlikely to succeed.
A Continued Appreciation for Tim Keller
James Wood’s First Things article, “How I Evolved on Tim Keller” has prompted a significant response from a variety of quarters. James and I were in the same graduating class at Redeemer Seminary and shared similar church backgrounds at the time, as he detailed in his essay. Our school also prominently advertised that we were the first to teach a class built around Keller’s then-recently published Center Church – one of the few gimmicky moments in my education. So I have an appreciation for where James is coming from.
But I think he misread Keller in the neutral world and Keller now. I have my differences with Keller, but he is still a man to be appreciated for this season…
On David Brooks and the Death of Conservatism
Three thoughts on David Brooks’ recent and otherwise excellent “What Happened to American Conservatism?” over at The Atlantic.
First, conservatism naturally requires love of place and people. Conservatism values sentiments cultivated rightly, which happens through people and societies that are not interchangeable. The sentiments in-cultured by the English village are not the same as the sentiments cultivated by the open expanse of west Texas. Certain values may be held in common, but the means of that cultivation is specific to concrete, enfleshed peoples and traditions. The habituation of communities also instills love of those communities. Conservatives love their communities (neighborhoods, cultural histories, states, nations, families, churches) because they have been formed by them. It is loving your father and mother, civilizationally…
Thanksgiving as a Presbyterian Political Plot
John Adams thought that his Thanksgiving proclamation cost him reelection. Or at least that’s what he told Benjamin Rush in an 1812 letter. During his term in office, Adams had asked that Americans mark Thursday April 25 “as a day of solemn humiliation, fasting, and prayer.” He wanted the American people to give thanks to God for “the countless favors which He is still continuing to the people of the United States, and which render their condition as a nation eminently happy when compared with the lot of others.”
You might be thinking: Why would this mark him for electoral disaster? Presidents now announce their forthcoming attempts to subvert Congress with a pen and a phone, or join the nation to semi-treaties, or declare war with a Declaration of War. Why in the world would the use of the 18th-century presidential bully-quill be such a misstep?
Well . . . it made him look like a Presbyterian. Adams said that Presbyterians had “allarmed and alienated Quakers, Anabaptists, Mennonists, Moravians, Sweedenborgians, Methodist, Catholicks, Protestant Episcopalians, Arians Socinians, Arminians . . .” and that “a general Suspicion prevailed that the Presbyterian Church . . . aimed at an Establishment as a National Church.” All that fasting and thanksgiving on a marked day. Mighty suspicious.
-Michael Brendan Dougherty in today’s National Review. This made me laugh.