The Independent Institute

 
        

Loving Exposes Dark Side of Legislating Morality »

A small but important film is making its way through U.S. theaters this season, and its message will resonate powerfully with those favoring individual liberty and freedom. Loving has earned just $6.5 million at the box office, but the film tells a poignant story about an all too recent dark period in American history....
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When Thinking about Obergefell We Must Distinguish between Policy and Law »

Among the friends of liberty, there is much confusion about whether the Supreme Court’s Obergefell opinion is a vindication of liberty or an usurpation of power. When thinking about the opinion we should be aware of two different modes of analysis: policymaker and judge. How we see Obergefell depends on which mode we have switched...
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Libertarians Should Be Cautious in Celebrating Obergefell »

To no one’s surprise, five justices of the U.S. Supreme Court held that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and...
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What Abercrombie and Fitch Can Teach Us about the Same-Sex Marriage Controversy »

When I was a young teenager, Abercrombie & Fitch was one of the “it” brands. Everyone in school wanted to wear it, and it was absolutely used to signal that one was up-to-date on recent trends. As the child of two schoolteachers, I learned very early in my life that paying $50 for a t-shirt I’d grow...
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9th Circuit Panel to Review Judge Vaughn Walker’s Prop 8 Ruling Announced »

Today the Ninth Circuit Court of Appeals disclosed the panel that will hear the appeal of Judge Vaughn Walker’s decision striking down Proposition 8 as unconstitutional. The panel will be: Judge Stephen R. Reinhardt—perhaps the most left-leaning judge on the federal bench; Judge Michael Hawkins—a very liberal judge; and Judge N. Randy Smith—a moderate compared...
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Uncle Sam’s Fifty Brothers: The Power and Promise of State Constitutions »

“That’s unconstitutional!” is a cry that sparks debates in kitchens, bars, coffee houses, and court houses. The notion of a constitution runs deep and divisively in American culture, but it also unites us in a common “rights talk.” Yet how much attention do we give to the 50 state constitutions? The potential and power...
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