The Culture of Freedom and the Future of Marriage

“It is not controversial to contend that in the United States, constitutional law serves as a decisive battleground in the struggle over freedom’s moral and political meaning,” asserts Peter Berkowitz. “It is another matter to assess the impact of the battleground on the battle, to clarify the current balance of power, and to anticipate the battles to come.”

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Can Democracy Survive Polygamy?

Observing the landscape of America’s contentious debate over marriage, scholar Stanley Kurtz of the Hudson Institute, remarks, “It has become necessary to offer a case against polygamy.” That such a claim would appear so utterly reasonable in our times is a clear sign that marriage is in big trouble. That trouble is not, for the most part, localized on the issue of polygamy, but the question of polygamy hangs over current controversies concerning same-sex marriage and the legal status of marriage as a social institution. In today’s Commentary, Dr. Mohler considers Kurtz’s new article in the current edition of the Weekly Standard.

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Not Guilty by Reason of Insanity?

The U. S. Supreme Court is set to rule on the constitutionality of insanity-defense laws across the nation. The case, Clark v. Arizona, has to do with a defendant, Eric Michael Clark, who at age seventeen killed an Arizona police officer, supposedly thinking that he was shooting a space alien. Clark’s attorneys argue that they should have been allowed to enter into evidence proof that Clark had been insane at the time of the murder. Their argument for a constitutional right to an insanity defense will put the Court on the record on one of the law’s most controversial issues. Today, Dr. Albert Mohler goes on the record on the same issue.

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Are All Lives Worth Living? A Dangerous Idea Moves Front and Center

Just six years after the New Jersey Supreme Court affirmed the sanctity of human life, the U. S. Supreme Court would hand down the infamous Roe v. Wade decision, legalizing abortion. With that sweeping decision, everything changed. As attorney Jay Webber explains, “The Roe opinion completely reshaped legal views of the unborn, however, and soon thereafter the New Jersey Supremes were singing a different tune. In 1979, that court became the first to recognize the torts of wrongful birth. In light of Roe, the Court said that eugenic considerations in fact did control decisions regarding the birth of a child.”

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