Entries by William C. Duncan

Supreme Court stay is a step toward sanity

This blog post was also published here at National Review. This morning, just a few minutes after the last submission from the state of Utah had been received, the U.S. Supreme Court ordered a stay of a trial-court judge’s mandate that marriage licenses be issued to same-sex couples. This (apparently unanimous) decision should not be […]

Judge Shelby’s dubious decision: sophistic logic, pop psychology, and conclusory reasoning

Judge Robert Shelby holds the dubious distinction of being the first federal judge following the U.S. Supreme Court’s DOMA decision to come to the novel conclusion that the United States Constitution requires a state to redefine marriage to include same-sex couples. The legal chaos that has resulted from this decision and the failure of the […]

What Justice Scalia really said

A recent opinion piece in The Salt Lake Tribune tried to recruit Justice Antonin Scalia to the cause of redefining marriage. Here’s the passage: Even Justice Antonin Scalia, an ardent foe of gay rights, has recognized the folly of Utah’s position. In his dissent, Justice Scalia wrote that the “the view this Court will take […]

Dodgy social science in the Utah same-sex marriage case

In their recent submissions to a federal court judge who’s being asked to mandate same-sex marriage in Utah, the plaintiffs included a declaration from a sociologist, Charlotte Patterson, who commonly weighs in on litigation with the message that mothers and fathers are interchangeable. The problem, of course, is that there are now studies with larger […]

What can we expect from judges?

The American Civil Liberties Union has decided to bring lawsuits in Pennsylvania, North Carolina and Virginia alleging the U.S. Constitution mandates redefining marriage in those states’ laws to include same-sex couples. It was probably not a good sign that shortly after the lawsuit was filed in Pennsylvania, the Pittsburgh Post-Gazette ran a profile of the […]

Religious liberty in the crosshairs

The U.S. Commission on Civil Rights has recently concluded hearings on religious liberty and the invaluable Kathryn Lopez of National Review has published an interview with Peter Kirsanow, one of the commissioners, about what he learned from that experience. The entire interview is worth reading. Commissioner Kirsanow explains the commission’s interest in the topic: In […]

Redefining marriage: good for business?

Here’s an anecdote to add to the discussion over redefining marriage. The Blaze reported on an article from Chief Executive magazine listing the “Best and Worst States for Business.” The top states are: Texas Florida North Carolina Tennessee Indiana The bottom states are: California New York Illinois Massachusetts New Jersey Of course, correlation is not […]