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Full-Text Articles in Law
The Faith Of My Fathers, Robert H. Jackson, John Q. Barrett
The Faith Of My Fathers, Robert H. Jackson, John Q. Barrett
Faculty Publications
(Excerpt)
In his final years, United States Supreme Court Justice Robert H. Jackson worked on a number of autobiographical writing projects. The previously unknown Jackson text that follows this Introduction is one such writing. Justice Jackson wrote this essay in longhand on thirteen yellow legal pad pages in the early 1950s. It is Jackson’s writing about religion in his life.
After Justice Jackson’s death in 1954, his secretary Elsie L. Douglas found the thirteen pages among his papers. She concluded that the pages were “undoubtedly prepared as part of his autobiography,” typed them up, and gave a file folder containing …
The Faith And Morals Of Justice Antonin Scalia, David Forte
The Faith And Morals Of Justice Antonin Scalia, David Forte
Law Faculty Articles and Essays
It is because of Justice Scalia's suspicion of philosophy and of history that he becomes an outspoken textualist. But why should text carry greater authority? Why should the written word, rather than evolving tradition, be of higher authority, particularly to a Roman Catholic? To understand Antonin Scalia's affirmation of the centrality of text, we must, as many already have, seek to find out how the man viewed his religion and how he practiced it.
Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir
Rethinking Religious Objections (Old-Testament Based) To Same-Sex Marriage, Doron M. Kalir
Law Faculty Articles and Essays
In Obergefell v. Hodges, the Supreme Court closed the door on one issue only to open the floodgates to another. While recognizing a constitutional right for same-sex marriage, the Court also legitimized religious objections to such unions, practically inviting complex legal challenges to its doors. In doing so, the Court also called for an "open and searching debate" on the issue. This Article seeks to trigger such debate.
For millennia, objections to same-sex marriage were cast in religious and moral terms. The Jewish Bible ("Old Testament"), conventional wisdom argues, provided three demonstrable proofs of the Bible's abhorrence of same-sex …