Category Archives: Constitutional Issues

An Entirely Too Long Post on Religious Liberty and Conscience

Religious liberty is seemingly coming under greater attack, either culturally or legally.  As of now, a good many of the instances of this attack are represented in opposition to Christian attempts to claim what we may call “conscience rights.”  What is conscience, that which someone called “that little voice in our heads”?  What legitimate role does it play in Christian responses to perceived sin which they believe they are implicated in by their actions?  Can conscience be defined precisely enough… Continue Reading ››

Bathroom Bills and Transgender Rights

My previous post proposed a legal test for deciding cases involving individuals who claim their conscience does not permit them to sell goods or provide services to someone from the LGBT community who seeks a service or good directly related to their claimed status.  I ignored the “bathroom bill” in North Carolina, which has caused a stir, and which is also now implicated in a federal court case in Virginia. As reported by the Washington Post, “A federal appeals court… Continue Reading ››

A Test for “Conscientious Objectors”

It’s time to revisit the issue of LGBT rights and legislation to protect individuals from prosecution for refusal to provide some service or good to a homosexual or homosexual couple.  As many know by now, both Georgia and North Carolina passed legislation that would either restrict public restroom use to biologically determined individuals or would establish protections for businesses and individuals who refuse on conscience grounds to provide goods and services to homosexuals, or both (as in the case of… Continue Reading ››

Merrick Garland, Stealth Nominee or True Moderate?

Since President Obama has nominated someone for the Supreme Court vacancy, it is tim we took a look at his judicial philosophy.  First, a little about him personally and professionally.  Judge Merrick Garland was born in Illinois, raised near Chicago, received his law degree from Harvard, one of the usual cast of schools from which SCOTUS members are typically drawn.  By all accounts Judge Merrick is really bland, but more on that below.  In 1997, he was appointed by President… Continue Reading ››